OVERTIME FOR DRIVERS

Press, Volume LXXII, Issue 21907, 7 October 1936, Page 7

OVERTIME FOR DRIVERS

TEST CASE ON AWARD AT AUCKLAND

POSITION OP MEN RECALLED FOR DUTY

(p&taa AesootJkttoa tzutoarx.)

AUCKLAND, October 6.

The nominal penalty of Is was imposed by Mr Wyvem Wilson, S.M., in a reserved judgment in an action brought in the Magistrate’s Court by the Inspector of Awards against the North Shore Transport Company, Ltd., for a breach of the New Zealand Passenger Transport Drivers’ Award. The case was brought as a test. The award provided that when drivers were called back to work after having completed a daily span of 13 hours, they were to be paid until finally booked off. “In this case, the driver was on duty on Thursday from 4.15 p.m. until midnight, a period of 7} hours,” said Mr Wilson. “He resumed on Friday at 3.45 p.m. until 11.80 p.m., and therefore worked more than one shift in a 24-hour day, as defined by the award. It is contended that the worker was called back after havirei completed the daily span of hours, and before the expiration of the 24 hours which constitute a day, and that he should be paid overtime. “The clause regarding hours is obviously elliptical, for it does not say at what rata a worker shall be paid. To that extent, it is incomplete. Consideration, however, must ne given to the fact that it occurs under the heading of overtime, and no doubt is intended to have reference to either of the two rates of overtime provided for in another clause. A Literal Construction “If taken literally and given its widest possible meaning, the effect would be that a driver having worked his ordinary hours for one day, that is 10 hours in a span of 13, if called back to work on the twenty-third hour of the day, Instead of at the end of the twenty-fourth, would be entitled to overtime for the extra hour that he worked, and also for the eight intervening hours when he was on duty. “I cannot think that such a nonsensical effect was intended. It seems to me that the object of the award, construed as a whole, would be better attained by another construction. The purpose of the regulation of hours and wages Is to ensure, just and adequate remuneration for ordinary hours worked, and additional remuneration for hours of overtime. It must be borne itt mind that a contract of service is one of the exchange of labour for reward, and I do not think it was intended that these drivers should be paid for hours when they were sleeping or going about their own business.

“I think, to make the clause consistent with the spirit of the award, that its elliptical nature must be overcome by reading it as if it stated: ‘They shall be paid overtime for hours worked during the period from the expiration of the span of 13 hours until they are finally booked off.’ That being so, the driver ip this case appears to have worked half an hour overtime within 24 hours of the day which began at 4.15 p.m, on Thursday.”