High Court of Australia
ll CLR.) OF AUSTRALIA. 537
(HIGH COURT OF AUSTRALIA.]
ALBERT EDWARD GRACE . Ze ' . APPELLANT; DEFENDANT, AND WALTER I TAYLOR. - - si . RESPONDENT. INFORMANT,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Minimum Wage Act 1908 (N.S. W.) (No. 29), sec. 8—T'ea-money—Overtime—Over- H.C. or A.
time on any day. 1910,
wees, Tea-money is payable to a workman under sec. 8 of 1908 (No. 29) only in gy ay
cases where the workman works after six o'clock in the evening of a working 3, 93, 94
day. Griffith O.J., Decision of Sly J.: Taylor v. Grace, 27 W.N. (N.S.W.), 115, reversed. Barton, O'Connor sind acs JJ.
AppEAL by the defendant by special leave from the decision of Sly J. upon the hearing of a special case.
The information alleged that between 18th and 23rd April both inclusive the appellant, being the employer of a workman within the meaning of the Minimum Wage Act, to wit Nellie Brady,
» a female, did unlawfully fail to carry out the provisions of the said Act in that on the said date the said workman was required to work overtime, to wit, more than 48 hours in the weck above
~ mentioned, and such employer did not on such last mentioned day pay such workman a sum of not less than sixpence as tea- money.
H. C. oF A, 1910. —
GRACE v TayLor.
——e =a
HIGH COURT {19
It was admitted that Nellie Brady had during the week ending on 23rd April worked 48 hours up to 9 a.m. on the last-mentioned — day, and that she worked till 1 p.m. on that day, making four hours overtime for the week.
The magistrate held that tea-money is only payable for work done after 6 p.m.on any day. Sly J. reversed this decision: Taylor v. Grace (1).
The defendant obtained special leave to appeal.
Blucket, for the appellant. See. 3 of the Minimum Wage Act draws a distinction between overtime in any week, that is more than 48 hours work, and overtime on any working day, which means working after 6 p.m. on such day. See. 6 applies to over- time generally. See, 8 draws the distinction which is provided for by see. 8, and refers to overtime on any day. " Tea-money" has its ordinary meaning of money required for tea, and is only payable when an employé is required to work after six o'clock in the evening on any working day.
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