NO PENALTY ALLOWED

Press, Volume LXXIII, Issue 22201, 18 September 1937, Page 5

NO PENALTY ALLOWED

RESERVED JI'DGMENT GIVEN "As it is clearly established that the worker in question is substantially cmploved as a timber-yard worker, he comes"urder the timber-yard workersaward, not under the drivers' award." said Mr F. F- Reid. S.M., in a reserved judgment delivered yesterday, in a case in which the Inspector of Awards (Mr R. T. Bailey), claimed to recover from Blackwells, Ltd. (Mr R. A. Young), thg sum of £lO as penalty for a breach of the motor and horsedrivers' award. - "It therefore follows that the defendant is entitled to judgment." The defendant company, which carries on a small timber yard at Kaiapoi. has two employees: a senior worker, who is in charge of another employee. This latter employee is a member of the Timber-yard Workers' Union and is the holder of an under-ratc workers' permit issued under the award governing the timber-yard industry. The Labour Department submitted that the defendant company employed this worker a? a horse driver and failed to pay him the award rates of wages. "The evidence of the plaintiff establishes that the worker in question does general work at the timber yard and a certain amount of driving in delivering orders," the judgment continued. "I find as a fact that not more than one-third of his time is occupied in doing driver's work. In other words, he is substantially employed as a tim-ber-yard worker."