SHILLING FINES.

Auckland Star, Volume LXVIII, Issue 158, 6 July 1937, Page 8

SHILLING FINES.

AWARD BREACHES.

TRIVIAL OFFENCES. COMMENT BY MAGISTRATE. NEED FOR. MCR£ DISCRETION. "I often wonder why the officials il> not show inor: discretion in treating trivial breaches of awards," commented Mr. C. It. Orr Walker to-day after hearing tlje rircumstaneea surrounding an admitted breach of the butchers' award by James Perry, of Xew Lynn, in not having paid overtime to two assistants who had worked a few minutes overtime when his delivery van had been delayed in its return to the shop through having been bogged on a Titirangi rood. It was explained on defendant's behalf that during the same week he had given his assistants a day off (for Coronation Day) on full pay, and that he had overlooked the payment of the amounts of 1/6 and 2/2 until hia attention was called to the matter by the Department, when he had immediately paid up. In imposing a fine of 1/, the magistrate remarked that he had had some very trivial breaches of award brought before him, and also some very weak oases on the facts, which made him wonder why the officials administering , the awards did not use a little more discretion in the matter of prosecutions. A breach of the same award was admitted on behalf of the Auckland Meat Company by the general manager, Mr. Gf. F. Lane, in that one of the company's shops had not been closed for business

until 12.15 p.m. on a Saturday instead of noon. Mr. Lane explained that the branch shop with a small staff was unable to pot a man on - the door at noon when some customers were being served at that time, and later customers came in. He added that the sharp closing at noon sometimes involved giving offence to late callers who could see the men inside cleaning up or serving other customers, and the assistants sometimes were faced .with the dilemma of offending customers or of a breach of the award. In this case also a fine of 1/ was imposed, the magistrate remarking that apparently some customers came late into the shop unknown to the manager, who was engaged in serving customers who had arrived on time.