Colford v. Sunshine Dairies Co., (1970) 1 Nfld. & P.E.I.R. 173 (NFTD)

• Judge: Puddester, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: February 09, 1970
• Jurisdiction: Newfoundland and Labrador
• Citations: (1970), 1 Nfld. & P.E.I.R. 173 (NFTD)

Colford v. Sunshine Dairies (1970), 1 Nfld. & P.E.I.R. 173 (NFTD)

MLB headnote and full text

Colford v. Sunshine Dairies Company Limited

Indexed As: Colford v. Sunshine Dairies Co.

Newfoundland Supreme Court

Trial Division

Puddester, J.

February 9, 1970.

Summary:

Trial Court dismissed plaintiff's claim for $10,341. for wages for overtime work pursuant to the Hours of Work Act. The Court held that the plaintiff did not fall within section 2(a) of The Hours of Work Act as "an assistant". Plaintiff was employed by the Dairy as a "checker" who checked the milk taken by the van drivers for delivery each day and also made whatever retail and wholesale sales were required when he was not busy checking out milk to van drivers. Trial Court held that "one must actually perform one of the functions named in paragraph (a) of section 2 of the Act, and it is not sufficient to perform duties "in connection with them".

Master and Servant - Topic 1921

Remuneration - Claim for wages for overtime - Hours of work act - Definition of "assistant" - The Newfoundland Supreme Court, Trial Division, held person employed as "checker" in dairy not an assistant - Duties which entailed only recording of goods sent out of dairy do not constitute "dispatching goods".

Statutes Noticed:

The Hours of Work Act, S., Nfld. 1963, sect. 2(a); sect. 2(e); sect. 6.

Counsel:

P.J. Lewis, Q.C., and R. Noseworthy, for the plaintiff;

David B. Sparkes, for the defendant.