SHIFT WORKERS

Ashburton Guardian, Volume 61, Issue 51, 10 December 1940, Page 8

SHIFT WORKERS

WOOLLENI MILLS EMPLOYEES

TEST CASE FOR FULL COURT (Per Press Association). DUNEDIN, December 9. Mr Justice Kennedy has given judgment on a case of importance to industry in the Dominion. The point which his Honour had to decide was whether a firm which, in order to fulfil its orders, decides to employ another shift has to pay workers on the day shift an extra 3s a shift. He decided that the extra 3s a shift- had to bo, paid. Tn the first instance, John James Grant, a wool carder, appealed against the decision of the Magistrate in an action lie brought against Ross and Glendinning, Ltd., in the Magistrate’s Court for extra payment for shift work under the terms of the Woollen Mills Labour Suspension Order, 1940. The Magistrate dismissed the claim. His Honour, on the other hand, upheld the appeal. In his judgment his Honour said: “It may seem anomalous to some that the worker. should receive an additional 3s a shift, simply because another set of workers is' doing the same work within a period of 24 hours and that', if the defendant company discontinued night work, the plaintiff would cease to be entitled to 3s extra a-shift, and that before the suspension order, night- work might be carried on uuder the award. - These considerations, however, cannot prevail against the terms of the order.”

Ross and Glendining had given notice to appeal to the Appeal Court against this decision, but as another case on similar lines, with a different plaintiff, is set down for hearing, it has been agreed that this action should be brought before the Full Court, which will consist, in this instance, of the Chief Justice (the Rt. Hon. Sir Michael Myers), Mr Justice Kennedy, and .another Judge, probably, Mr Justice Northcroft. The Court will sit in Dunedin on Wednesday week. The parties have agreed to accept the decision of the Full ICourt as conclusive. It will then not be necessary to take any further proceedings before the Appeal Court.

It is understood that advantage will be taken of the sitting in Dunedin to hear a Christchurch case arising out the award. This will be the first occasion, it is believed, on which the Full Court will sit in Dunedin.