AWARD BREACHES

New Zealand Herald, Volume LXXIV, Issue 22774, 7 July 1937, Page 17

AWARD BREACHES

TRIVIALITY OF CASES COMMENT BY MAGISTRATE MORE DISCRETION NEEDED SHILLING PENALTIES IMPOSED

The triviality of some of the cases taken to Court by labour officials for minor breaches of awards and laws, and the desirability for a greater degree of discretion and understanding were commented upon by Mr. C. R. Orr Walker, S.M., in the Magistrate's Court yesterday, when two actions by the inspector of awards against butchers for award breaches woro heard. Non-payment of overtime amounting to Is Cd and 2s 2d in the case of two employees was admitted by James l'erry, butcher, of New Lynn. It was stated that the breach occurred during Coronation week, when some trouble was experienced with a delivery truck. The men had a day off that was not compulsory, and when they worked a little longer on a later day, defendant did not realise lie was at fault in not paying overtime. He made amends as soon as ho appreciated his position. The employees were paid above the award rate.

For trading after noon on Saturday, the Auckland Meat Company, Limited, was alleged to have incurred a breach of the terms of the butchers' award, which, it was stated, had been made before new legislation made it desirable that further provisions should be included. The general manager of the company, G. F. Lane, said the position was that if butchers were not caught under the award they could bo dealt with under the Shops and Offices Act. Shops were supposed to close at noon, with a quarter of an hour's grace in which to serve late customers, witness explained. He admitted that without a special man on the door, who could not be spared where small stalls were engaged, people would not refrain from entering the shops after tho hour, although they would not bo served, except perhaps in tho case of a butcher who did not employ labour. " I often wonder why labour officials do not use a little more discretion in bringing cases before the Court," said the magistrate. " They might very well do it, and I wish they would. Some very trivial cases are instituted for slight breaches of working conditions, and not a few have been weak cases on facts, too. Wherever there is no attempt by an employer to avoid his responsibilities minor faults might well be forgiven and overlooked." _ A nominal penalty of Is was imposed in each case.