COUNTRY WORK.

Auckland Star, Volume LXXI, Issue 218, 13 September 1940, Page 3

COUNTRY WORK.

NO AWARD BREACH. COURT'S INTERPRETATION. DUXEDIN, Thursday. Holding that no breach of the award had been committed, 31r. J. R. Bartholomew, S.M., in the Magistrate's Court to-day, delivered his reserved judgment in favour of the defendant in the case m which the inspector of awards proceeded against Downer and Company, Limited, of Wellington, on a claim for tlO as a penalty for an alleged breach V the builders,, contractors and general labourers' award in failing to pay William Ly all Johnson overtime pay. Biicfly, the ear<e rested on the interpretation of the award in its reference to country work. On September 23, a number of men commenced work tor the defendant company on building tunnels for the Dunedin City Corporation at Waipori Falls. They were paid on the basis of the country work clause, which provided an extra pennv an hour for overtime. The chief question at isoiie was whether an agreement for the country clause to operate had been entered into between the employer and the employee. The work, his Worship said, was admittedly country work as defined by the award, which stated that an employer might agree with my worker that in respect of ispecified country work all time worked in excess of the prescribed hours should be considered overtime and paid for at the rate of Id an hour in addition to ordinary rates. Evidence given for the plaintiff suggested that it was considered that a tormal agreement with the men collectively was necessary. The wording of the country provision was, however, perfectly clear and simple. A simple request by an employer acceded to bv a worker with a knowledge of the position was all that was necessary to constitute an agreement. Was such agreement made in the present case? = The final effect of Johnson's evidence was that such an agreement was not disputed so far as outside work was concerned. In view of his evidence his plea of ignorance regarding the conditions governing tunnel work could not be accepted. "The worker having carried out work under agreed conditions," his Worship concluded, "the country clause of the award has been complied with and there has been 110 breach of the award. Judgment must therefore .be given for the defendant company." Fourteen days were allowed to enable the question of appeal to be considered by the Labour Department.— (Press Assn.)