Colford v. Sunshine Dairies Co., (1971) 2 Nfld. & P.E.I.R. 129 (NFCA)

• Judge: Furlong, C.J., Higgins and Mifflin, JJ.
• Court: Newfoundland Court of Appeal
• Case Date: December 17, 1971
• Jurisdiction: Newfoundland and Labrador
• Citations: (1971), 2 Nfld. & P.E.I.R. 129 (NFCA)

Colford v. Sunshine Dairies (1971), 2 Nfld. & P.E.I.R. 129 (NFCA)

MLB headnote and full text

Colford v. Sunshine Dairies Company Limited

Indexed As: Colford v. Sunshine Dairies Co.

Newfoundland Supreme Court

On Appeal

Furlong, C.J., Higgins and Mifflin, JJ.

December 17, 1971.

Summary:

Appeal court dismissed the appeal and affirmed the decision of the trial court which dismissed the appellant's action for wages for overtime work pursuant to the Hours of Work Act. Appeal court affirmed the decision of the trial court that the appellant did not fall within section 2(a) of the Hours of Work Act as "an assistant". The appellant 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. Appeal court held that this function did not fall within the meaning of "dispatching goods" as found in the statutory definition of "assistant".

Master and Servant - Topic 1921

Remuneration - Claim for wages for over-time - Hours of Work Act - Definition of "assistant" - The Newfoundland Court of Appeal held person employed as "checker" in dairy not an "assistant" and held duties which entailed only recording of goods sent out of dairy do not constitute "dispatching goods" as found in the statutory definition of "assistant".

Cases Noticed:

Prance v. London County Council, [1915] 1 Q.B.D. 688, refd to.

Statutes Noticed:

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

Counsel:

P.J. Lewis, Q.C., for the Plaintiff-appellant;

David B. Sparkes, for the Defendant-Respondent.