Shugg v Commissioner for Road Transport and Tramways (NSW) [1937] HCA 50

57 C.L.R.) OF AUSTRALIA. 485,

{HIGH COURT OF AUSTRALIA.)

SHUGG . 2 A a 3 u U s . APPELLANT; PLAINTIFF,

AND

THE COMMISSIONER FOR ROAD TRANS- PORT AND TRAMWAYS (NEW SOUTH} Responpenr. WALES). . : . A & " 4 Drrenpant,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Transport—* Officer" —Casual employee—Bank holiday—Leave—Transport Act 4. C, or A.

1930 (V.8.W.) (No. 18 of 1930), secs. 101, 123. 1937

Held, by Latham C.J., Dixon, Evatt and McTiernan JJ. (Starke J. dissenting), Secu

that the word " officer " in sec. 123 of the Transport Act 1930 (N.S.W.) includes 444.4 5. a casual employee appointed under sec. 101 of that Act, and, therefore, such "Sepr,"1, an employee (by Dizon J., if employed continuously or indefinitely), is entitled to the leave provided for by sec. 123.

Tat

ham C.J., , Dixon, att and

Me'fiernan JJ.

Decision of the Supreme Court of New South Wales (Full Court): Shugg v. Commissioner for Road Transport and Tramways, (1937) 54 W.N. (N.S.W.) 33, reversed.

Appear from the Supreme Court of New South Wales.

In a special case stated under the provisions of the Common Law Procedure Act 1899 (N.S.W.) it was shown that the plaintiff, Harold Robert Shugg, since 6th March 1933, had been continuously employed in the service of the defendant, the Commissioner for Road Trans- port and Tramways of New South Wales, as a body builder.

Immediately prior to his appointment he was examined by the Vor. Lyi. 32

H.C, or A. 1937. ee:

Snuee v

Commis-

SIONER FOR Roap

'TRANSPORT

AND

HIGH COURT

commissioner's Staff Board and by its medical officer, and he sig a memorandum acknowledging that, in accepting employment the motor omnibus service of the commissioner, he under that the work was purely of a temporary character, and that was appointed as a casual employee under sec. 101 of the Tra Act 1930 (N.S.W.).