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High Court, by way of a point of law appeal from the Labour Court's determination of the appellant's 'working hours' for the purposes of national minimum wage legislation, finds that the Labour Court fell into error by equating hours actually worked with working hours as defined in the legislation, but did not engage in the necessary exercise of the assessment of whichever is the greater between hours worked, hours as per the contract of employment, the total hours the appellant performed activities at his workplace or such hours as he was required to be available for work, as is required by such legislation; and therefore the court remits the case back to the Labour Court for further consideration.
Point of law appeal from determination of Labour Court - interpretation of national minimum wage legislation - average rate of pay - hours of work - pay reference period - provision of contract of employment - statement of main terms of contract - literal and ordinary meaning of statutory terms - whether an overly restrictive interpretation sought of the meaning of 'working hours' under legislation - whether res judicata applies or at a minimum the appellant is estopped from pursuing appeal - appeal on point of law and curial deference - minimum wage legislative provision is unambiguous - Court obliged to consider the alternative methods of calculating 'working hours' for purpose of Act - 'whichever is the greater' not considered by Court - Labour Court fell into error - matter remitted for further determination
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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