WORKERS UNDER TWO AWARDS
POSITION DEFINED BY MAGISTRATE PENALTIES ALLOWED AGAINST FIRM (PEES 9 ASSOCIATION TELEGRAM.) WELLINGTON, July 9. An important reserved decision defining the position of an employee who does work which may come under two different awards was given by Mr J. H. Luxford, S.M., in the Magistrate's Court. Mr Luxford allowed a penalty of £1 on each of three claims made by the Labour Department against Smith and Smith, Ltd. The department alleged that three employees had been paid retail employees' wages, whereas they were substantially doing wholesale or warehousemen's work.
The Magistrate held that an employer is bound to pay award wages to every employee who is a worker in an industry to which the award applies. If an employee is a worker in two or more industries, each covered by an award, he is* paid the rate prescribed for the industry in which he is engaged for the major portion of his time; but if only one of the two industries is covered by an award, he is entitled to the rate prescribed by that award.
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Bibliographic details
Press, Volume LXXIII, Issue 22141, 10 July 1937, Page 14
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181WORKERS UNDER TWO AWARDS Press, Volume LXXIII, Issue 22141, 10 July 1937, Page 14
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