Midya v Sagrani

The appeal concerned a dispute between an employer, Mr Sagrani, and an employee, Mr Midya, regarding the reasonable remuneration for services rendered by Mr Midya. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the court were whether a new point of law could be raised on appeal, and more substantively, whether the employer was entitled to deduct the value of board and lodging from the employee's remuneration under the *Industrial Relations Act 1996* (NSW), specifically sections 117 and 118.

The Court of Appeal considered the principles governing the introduction of new points of law on appeal, and then turned to the interpretation of the *Industrial Relations Act 1996*. The court determined that the Act did not permit an employer to deduct the value of board and lodging from an employee's remuneration in the circumstances of this case. The court reasoned that the statutory provisions were designed to ensure a minimum level of remuneration and that such deductions were not authorised.

The court made orders accordingly.