BREACH OF THE FACTORY ACT.

Auckland Star, Volume XXX, Issue 144, 20 June 1899, Page 5

BREACH OF THE FACTORY ACT.

WORKING AN APPRENTICE ON SATURDAY AFTERNOON.

A BAKER FINED.

At tlie Police Court to-day a baker named John Till, of Mt. Eden road, was charged that being the occupier of a factory or workroom within the meaning of The Factories Act, 189[4, did employ at the hour of two o'clock on the afternoon of Saturday, 20th May, a person -named Charles Steadman, baiter's assistant, under the age of 18 years. Mr H. W. Brabant, S.M., sat on the bench. .

The Hon. J. A. Tole,' instructed by Mr H. Ferguson, Factory Inspector, appeared for the prosecution. Defendant pleaded not guilty, and conducted his own case.

Mr Tole said it was a simple case of a youth under 18 working after 1 p.m. on a. Saturday afternoon, when he should have the half-holiday.

Mr Ferguson said he visited Till's premises at Mt. Eden road about 2 p.m. on Saturday, 20th May. All bakehouses were factories within the meaning1 of the Factory Act. The youth, who said his name was Steadman, was loading a cart at the bakehouse with bread. Witness produced a certificate showing1 the age of the lad was under 18 years. Mr Till was present at the time.

In cross-examination by defendant witness said Steadman did not tell him that he was assisting on the cart, and that he was working in lieu of a man sick. Steadman told him he had not g-ot a holiday that week. ;

Witness, in answer to Mr Tole, said he considered that he was working on the premises, and working- in connection with an"'article made on the premises.

Chas. Henry Steadman, apprentice to Mr Till, admitted that he was working about 2 p.m. on the afternoon in question. He was carrying- a basket of bread to the shop when the Inspector arrived. He had been on the cart for a week. Witness said he finished at 3.30 p.m. on the Wednesday previous, and he worked, up to 6 p.m. on the Saturday previous, starting work about 20 minutes to 6 a.m. On the Saturday previous to that he started at 4 a.m. a.nd worked till 1 p.m. The previous Saturday he worked just about the same. On the Saturday afternoon Mr Ferguson came he ceased work at 5.30 p.m. He was an apprentice in the bakehouse and had four years to run.

In. answer to defendant, witness said he was not working inside the factory on 20th May. Defendant informed His Worship that it was a case of emergency. He had no intention of breaking the law. One of his men was sick. The youth Steadman was bound down under the Conciliation Act to work 54 hours per week.

In reply to Mr Tole, Steadman said he always worked from 4' a.m. to 1 p.m. when he got his holiday. He got no overtime.

Mr Brabant remarked that if Steadman worked nine hours, where was the half-holiday?

Defendant then elected to give evidence on his own behalf. He said that only for one of his workmen being sick Steadman would have been finished at 1 p.m. on the 20th May. Steadman agreed to do the work and receive overtime.

Mr Brabant said there was a breach of the Act committed. The youth was entitled to half-holiday. A fine of 10/ and costs would be imposed. The costs amounted to £ 1 10/.