Bigg v SAS Trustee Corporation

The applicant, Mr Bigg, sought leave to appeal a decision of the Industrial Relations Commission of New South Wales. The dispute concerned whether Mr Bigg was entitled to a superannuation allowance under section 10B of the *Police Regulation (Superannuation) Act 1906* (NSW). This section provided for allowances where a member of the police force was injured on duty and subsequently "resigned or retired". Mr Bigg had been dismissed from the police force, and the central question was whether this dismissal constituted a "resignation or retirement" for the purposes of the Act.

The Court of Appeal was required to determine whether the phrase "resigned or retired" in section 10B of the *Police Regulation (Superannuation) Act 1906* (NSW) encompassed an involuntary termination of employment, such as an unfair dismissal. In considering the application for leave to appeal, the Court also had to assess whether the matter was of such importance that, in the public interest, leave should be granted, applying the principles relevant to the engagement of a duty under section 403B of the *Industrial Relations Act 1996* (NSW).

The Court concluded that the plain meaning of "resigned or retired" indicated a voluntary cessation of employment. It reasoned that the Act distinguished between voluntary departures and involuntary terminations, and that to interpret "resigned or retired" as including dismissal would be to read words into the statute that were not present. The Court found that the matter was not of sufficient importance to warrant granting leave to appeal in the public interest.

Consequently, leave to appeal was refused, and the applicant was ordered to pay the respondent’s costs.