WORK ON BOXING DAY

Press, Volume LXXVI, Issue 23080, 24 July 1940, Page 14

WORK ON BOXING DAY

♦ REPORTED failure to PAY WAGES MAGISTRATE’S RULING [THE PRESS Special Service.] WELLINGTON, July 23. I A judgment which affects many | building trade workers has been delivered by Mr A. M. Goulding. S.M., in the Magistrate's Court. The Labour Department proceeded (on information given by the Wellington branch of the New Zealand Plumbers'. Gasfitters', and Related Trades’ Union) against Coleman and Coleman, plumbers, for employing certain workmen on Boxing p Day, 1939, and New Year's Day, 1940, and failing to pay them wages for these days as required by the Factories Act and its amendments. The workers received payment for Christmas Day. It was agreed that the workshop was registered as a factory, and that all the workers concerned were skilled tradesmen in the sense that they had completed their apprenticeship to the ! plumbing trade. The Magistrate, in holding the charge proved, and imposing a penalty of £2 in each case, stated inter alia: J*l have little doubt that the sections deal, ing with pay for holidays were enacted to overcome possible abuses, for example, the dismissal of employees just before holidays, or the engagement of workers for a day or a few day* before holidays. The wording of subsection 2 of section 14 of the 1936 amendment makes it clear, in my opinion, that when employees, such as the defendants’ employees in the present case, have worked in a factory at any time during the fortnight preceding a particular holiday, then they are to be paid holiday pay for that holiday. During the time these workers worked in the factory they were, of course, engaged in skilled work, carrying on handicraft, and to that extent were doing factory work. I reject the argument that before they are entitled to holiday pay they must be principally or substantially engaged on factory work, in the sense of devoting most of their working time to work in a factory.”