SEAMEN'S OVERTIME.

Auckland Star, Volume XLIV, Issue 102, 30 April 1913, Page 7

SEAMEN'S OVERTIME.

QUESTION OF BROKEWATCHES. DECIDED BY MR. JUSTICE S_l lie matter of overtime pay for seamen formed the basis of an interesting judgment by Mr. Justice Sim, which was delivered in the Supreme Court this morning. It was occasioned by an appeal against a decision given recently in the Magistrate's Court in respect of a claim made by a seaman for 3/, this being actually a test case in the interests of coastwise seamen. The parties were Jas. McTighe, appellant (for whom Mr. A. E. Skelton appeared), and the Northern Steamship Company, Limited, respondent (represented toy Mr. M. G. McGregor). The appellant was employed as a seaman on the respondent company's steamer Kanieri. He worked overtime on certain days, and the question to be determined was -whether he was entitled to pay for this at the rate of 1/3 or 1/6 per hour. The view taken by Mr. C. C. Kettle, S.M., in giving judgment for the respondent, was that, under the agreement, a worker's time ran on continuously until he had worked the required eight hours, and if any work was done by him after the expiry of the eight hours, that work must be paid for as overtime under Clause 3, according to the kind of work actually done. In his judgment Mr. Justice Sim said that the answer depended pn the proper construction of Clause 12 (A) of an agreement between the Seamen's Union of Australasia and certain shipowners. That clause fixed the hours of work of deck hands in ports, bays, and roadsteads at eight per day. When the ship arrived at and left the same port on the same day, these hours might toe worked at any "time during the twenty-four hours. On other occasions the eight •hours were to toe worked hetween 7 a.m. and 5 pjn. The clause provided explicitly that sea witches on days of arrival and" departure should count as portion of the eight hours. "It seems to mc," remarked his Honor, "that the only way in which full effect can be given to the provision of Clause 12 (a) is toy taking all the time worked in sea watches on any particular day on which there has been work in port," and counting that as part of the eight hours, without any regard to the particular hours when these watches were kept, or to the question of how they stand in relation to the work in port on that day." The appeal was accordingly allowed, and judgment entered for the appellant for 3/, with costs in the Magistrate's Court, to be fixed by the magistrate. The appellant was allowed five guineas for the costs of the appeal. "As the question is an important one," the judgment concluded, "the respondent may have leave to appeal to the Court of Appeal if he desires to do so."