Geddes v Richards [1936] HCA 20

606 HIGH COURT (1936.

(HIGH COURT OF AUSTRALIA.]

GEDDES a 9 A < 5 ' i . APPELLANT; Nomina, DEFENDANT, AND RIQHARDS ee re . . . RESPONDENT.

PLAINTIFF,

ON APPEAL FROM A DISTRICT COURT OF NEW SOUTH WALES.

H.C. or A, Financial Emergency—State employees—Remuneration—Statutory reduction—Ration- 1936. ing of employment—Application of reduction—Public Service Salaries Act 25 1931-1934 (W.S.1V.) (No. 29 of 1931—No. 3 of 1934), sec. 4 (3).

Sypney,

Sec. 4 of the Public Service Salaries Act 1931-1934 (N.!

W.) provides, by

April 22, 30. sub-sec. 1 (6), for the reduction of salaries of State employees by percentages ployees by pe

Bison, which are graduated according to the annual amount of the salary, and, by

jtrnant3, _sub-see. 3, that 'where by rationing of employment reduction is made in the

salary of any officer, the officer shall be given credit for the amount of such reduction as against the reduction to be made under this section."

Held that, by virtue of sub-sec. 3, a reduction in salary effected by rationing employment must be treated as a credit against future percentage reductions without any restriction by reference to fortnightly or other periods of payment. Until the credit is exhausted no percentage reductions may be made.

Quecre whether in applying an unexhausted credit, each financial year, or other successive period for which the Public Service Salaries Act (No. 2) 1931 (N.S.W.) has been extended, must be treated separately.

Appeat from a District Court of New South Wales.

Collis Richards, an employee in the Hume Weir Construction Branch of the Public Works Department of the State of New South Wales, brought an action in a District Court of that State against William Butler Geddes, as nominal defendant on behalf of the Government of the State, to recover the sum of £3 Is. 1d., alleged