HOLIDAY DISPUTE.

Auckland Star, Volume LXIX, Issue 226, 24 September 1938, Page 13

HOLIDAY DISPUTE.

CHRISTMAS PERIOD.

CASE BEFORE APPEAL COURT. ECHO OF AUCKLAND CASE. (,U.v Telegraph.—Fress Association.) ' WELLINGTON, Friday. The Court of Appeal heard to-day an appeal from the decision of the Magistrate's Court at Auckland in an industrial case, the appeal have been removed from the Supreme Court in order to obtain an authoritativ decision. John Niven Blair, who was employed by A. and T. Burt, Limited, successfully sued the latter for £3, being wages claimed for Christmas and Boxing Days, 1937, and New Year's Day 1938. These days fell on Saturday, Sunday and Saturdaj* respectively, and as Blair worked a liveclay week A. and T. Burt, Limited, refused to pay for these days, considering that their obligation under the Factories Act to pay wages for holidays operated only if the holidays fell during the working week.

The magistrate, holding himself to be bound by a decision of the Arbitration Court, gave judgment for Blair. A. and T. Burt. Limited, are appealing from this judgment.

Mr. Stevenson, for the appellants, submitted that in the majority of factories, in accordance with awards, wages were not paid for statutory holidays falling on non-working days and that the words of the Factories Act clearly showed that the Legislature intended to make this rule universal. If it was otherwise workers would receive, when a holiday fell on a non-workinp: day, a bonus payment in excess of the ordinary weekly wage. Mr. Cooke contended for the respondent that holiday in the statute meant "a day upon which work docs not take place." and thus included days ordinarily non-working days, as well as days specifically declared holidays, and that the word "allow" holidays meant "treat or count such days as holidays for the purposes of the Act, even if such days would not otherwise be working days." Therefore, such holidays must be paid for. Decision was reserved.