WORKER'S APPEAL

Auckland Star, Volume LXXIV, Issue 227, 24 September 1943, Page 4

WORKER'S APPEAL

ESSENTIAL INDUSTRY

CALCULATING OVERTIME

In an appeal on law against a magistrate's decision in Walter Harwood (Mr. Sullivan) v. Westfield Freezing Company, Ltd. (Mr. Alderton), before Mr. Justice Callan today, his Honor was asked to interpret the Minimum "Weekly Wage Essential Undertakings Order, 1942, in respect to calculation of overtime payment. . Mr. Sullivan said the facts were not in dispute. Appellant, who was tied to an industry by the Order, was subject to penalties if he failed to start work at 7.30 a.m. His ordinary time was 7.30 a.m. to 5 p.m., but at times he did not work the full day to 5 p.m. and on others he worked after 5 p.m. Counsel submitted that the man was entitled under the Order to the prescribed minimum wage of £5 10/ when he worked ordinary time hours and to overtime when he worked at hours outside 7.30 a.m. to 5 p.m. ' He contested the view of respondent, accepted by the magistrate, that overtime did not become due until the man had exceeded 44 hours, no matter what the times of day at which he worked. Counsel submitted that the magistrate, in taking the view that clause 5 of the Order superseded clause 4 (prescribing the minimum wage), defeated the intention of the Order.

Mr. Alderton, in support of the magistrate's decision, argued that clause 5 in the Order was an interpretive clause restricting the meaning of clause 4 for calculating overtime in the manner adopted by the company. Counsel pointed out that the minimum wage was paid over periods when the worker was idle, compensating him for occasional calls to work outside the .ordinary time hours. Mr. Sullivan replied that the regulations required the employee' to stand by for directions to do other work, when there was not work of the kind regularly employing him. him. His Honor reserved decision.