BAKERS' AWARD

Auckland Star, Volume XLVIII, Issue 105, 3 May 1917, Page 6

BAKERS' AWARD

EMPLOYER FINED FOR BREACH FAILURE TO PAY OVERTIME. The Auckland Bakers and Pastrycooks' Union to-day, before Mr. C. C. Kettle, S.M., proceeded against W. Buchanan (Ltd.) for an alleged breach of the Auckland bakers' award, in that on December 22, 1916. and again on December 29, having required five bakers to start work in its bakehouse at 9 p.m. and to continue working for the following days, it did fail to pay them overtime at double rates between 1 a.m. and 3 a.m. on the dates mentioned. For the defence it was contended that the employers were entitled to work the men between 2 a.m. and 4 a.m. without payment of overtime, because the day in "question was a Saturday, and that, as it preceded a double holiday (Christmas Day and Boxing Day, clause 1 (c) authorised the employment without payment of overtime. For tho union it was pointed out that clause 1 (c) stipulated that the Saturday must immediately precede the double holiday, and that in this case Sunday intervened. The provisions of the clause did not, therefore, apply to this case. Further, that Sunday was not classed as a holiday under the award, and counsel quoted authorities showing that Sunday hail been held not to come within the term "holiday" in the construction of statutes. The magistrate upheld the contentions of the union and imposed a nominal penalty of 5/ in each case with costs, .2 2/. Mr. A. E. Skelton appeared for the union and Mr. F. Lowrie for the defendant. .