SUNDAY WORK AT LYTTELTON

Press, Volume LXXVIII, Issue 23819, 12 December 1942, Page 6

SUNDAY WORK AT LYTTELTON

* CONDITIONS FOR BOATMEN

BOARD’S APPEAL FAILS

The appeal of the Lyttelton Harbour Board from a judgment of Mr F. F. Reid, S.M., in favour of the New Zealand Harbour Boards' Employees’ Union that work done on Sunday by boatmen at Lyttelton should be paid for at Sunday rates, has been dismissed by the Arbitration Court. The case in the Magistrate’s Court was in the nature of a test case, and judgment for a nominal penalty on two breaches of the award was entered against the board. The Arbitration Court. Mr W. Cecil Prime (employers' representative) dissent, ing, held that clauses 5 (a) and 5 (b) in the clause relating to the employment of by the Lyttelton board, and which were of general application, were express and unequivocal.

“I cannot reconcile the construction of the clause relating to the employment of boatmen with the contention that it docs not constitute a complete code for their employment in respect of, inter alia, hours of work, including the number of days a week,” said Mr Prime. "Admittedly clause 3 (b) includes Sundays among the list of holidays, but sub-clauses e and d indicate that a distinction is recognised between Sundays and statutory holidays; I cannot think that in the case of boatmen it was intended that every Sunday should be regarded as a holiday, especially when it is noted that it has always been agreed that, boatmen are necessarily required on seven days a week.” At the hearing of the appeal. Mr J. F. B Stevenson appeared for the board and Mr M. J. Gresson for the union.