ON 5 AUGUST 1987, the NSW Court of Appeal delivered Rogan v Director General of Technical and Further Education (1987) 10 NSWLR 348.
Per McHugh JA at 350:
“The pay of an employee is a wider concept than that of the salary applicable to the office which the employee holds. It concerns every payment made to the employee in his character as an employee in respect of the performance of the duties of his office or position. The allowance in this case was aid to the employee in his capacity as an employee in respect of his duties performed by him on behalf of the employer. That is sufficient to make the allowance part of the ‘pay of the employee'”.
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