APPLICATION OF AWARD

Press, Volume LXXV, Issue 22769, 22 July 1939, Page 21

APPLICATION OF AWARD

DECISION SOUGHT' IN COURT POSITION OF MILK-BAR EMPLOYEES Claims for penalties for six alleged breaches of the New Zealand Tearooms and Restaurant Employees Award were made by Stanley Earl McGregor, an Inspector of Awards, in the Arbitration Court yesterday. Mr Justice Callan presided and with him were Messrs W. Cecil Prime (employers’ representative) and A. L. Monteith (workers’ representative). The Court reserved its judgment. A penalty of £lO for each of thejnx alleged breaches, which concerned two employees, was claimed against Thomas Henry Blain, a fruiterer, and, icecream and milk bar proprietor, of McMillan street, Methven. It was alleged that Blain had failed to pay Mary Fahey and Jean Kilworth, female bar attendants, the minimum rate « wages prescribed in the award;- that he had not allowed them "a holiday and a half-holiday; and that he had failed to pay them the meal allowance of Us 3 B. Lascelles appeared for Blain. Authoritative Decision Sought “These proceedings are taken td obtain an authoritative decision on whether the award applies to workers who are employed for only part of their time in serving food or drink to patrons of milk bars and similar establishments for consumption on the premises,” said Mr McGregor. A clause in the award stated that it should apply to workers employed in tea-; rooms, restaurants, and similar establishments open to the public for the consumption of food or drink on the premises/ Ke said. To rempvE any doubt about the clafe of- establishment intended to be covered by the award; the clause stated farther that the award should include workers employed in milk bars, soda and marble bars. It was submitted that a milk bar was an establishment for the sale and consumption of drink, if hot of food, bn the, premises. “The definition does not make-any reference to substantial employment,’’ the inspector continued. Scope of the Award It was submitted also that if workers were employed for part of their time at work coming within the scope of the award, they were entitled to be paid the wages and* enjoy the benefits prescribed in the award. Evidence was . given that Blain conducted a business at Methven as a -milk- bar proprietor, greengrocer, fruiterer, and confectioner. The premises were divided in two, fruit and vegetables being sold in-one part and milk shakes, soft drinks, ice-cream, and confectionery in the other. A description of the shop and of -the work at which the employees were engaged was given by Mary Fahey and by Blain. A '•laim that the meal allowance of 11s a week had not been paid to a female bar attendant was also made against Olive Herdman, or 109 Worcester street, Christchurch. Mr C. 5. Thomas appeared for the defendant. It was admitted by the defence that the worker was employed on an average of five minutes a day-in serving milk shakes and soft drinks to the public. During the greater part of the period from September 5 to December 8, 1938, no meals or meal allowance was given to the worker. - Mr Thomas submitted that the defendant’s business was a confectionery shop and not a milk bar. Court reserved its decision.