BOOT OPERATIVES DISMISSED.

Press, Volume LXVII, Issue 20420, 15 December 1931, Page 6

BOOT OPERATIVES DISMISSED.

FACTORIES CLOSE DURING HOLIDAYS. QUESTION OF WAGE PAYMENT. During the Christmas holidays last year, several boot factories found it necessary to close down for some weeks, and notice of dismissal was issued to their employees with the intimation that they might be re-engaged at the end of the period. The Arbitration Court, consisting of Mr Justice Frazer, and Messrs W. C. Prime (employers' representative), and A. L. Monteith (employees' representative), was called upon yesterday to decide whether, under the provisions of the Dominion Boot Operatives' Award, these assistants were entitled to be paid for the period during which the factories were closed. It was stated by the Union representative that this question of interpretation of the award was of the utmost importance to a great number of workers, as the employers were taking a simila action over the approaching holiday period this year. Mr R. T. Bailey represented the .Labour Department, Mr H. Duckworth presented the case for the employers, and Mr F. M. Bobson that of the employees. "Dismissals Not Bona Fide." Mr Bobson contended that the dismissal of the assistants was not legal as they had not been issued with certificates of length of service as required by the award. ■ This indicated that the dismissals were not bona fide and were merely for the purpose of avoiding the payment of the assistants during the period in which the factories were closed. , . It had never been the custom to issue certificates unless they were applied for, said M* Duckworth. The employees had been dismissed definitely, owing to the fact that it was necessary to close the factories for periods varying from three to five weeks. The industry was in such a condition that no other course was possible. Mr Bobson remarked that he did not know of any case in which the employee 'Concotned had not been reengaged. . "It has been the custom m the past to close the factories between Christmas and Now Year. This year trade conditions are bo difficult as to make it not a question of suspension of business for four days, but a matter of weeks," said Mr Duckworth. "Not Bad Times." Mr Eobson: These assistants have received notice of dismissal for the coming holiday period, yet I know that several factories have sufficient work to keep them busy over Christmas. It is not a question of bad times. Hi? Honour said that he did not think that factories would close when they had sufficient work to keep them going. He thought that it was not necessary for certificates to be issued to the discharged employees to make their dismissal legal,' although such might constitute a breach of the award. He said ! that the real issue was as follows:—Assuming that times were slack, waa it permissible for factories to be closed down over a , holiday period of from two to five weeks, for the girls to be dismissed and re-engaged at the end of the period, and for the employers not to pay them during that time? His Honour remarked that such a course need not be regarded as an attempt to evade the provisions of the award, and it might, apply to any holiday period during tl?e. year. The question was whether the non-payment of wages during such a period constituted a breach of the award. The Court would take time to consider the matter.