MUSICIANS’ AWARD

Press, Volume LXXXII, Issue 24932, 20 July 1946, Page 2

MUSICIANS’ AWARD

CLAIM FOR BACK PAY

DISPUTE OVER BAND’S EMPLOYER

A claim by the Inspector of Awards (Mr C P Collins) for £95 10s 3d, redance hall Proprietor, was beard Hutchison appeared for Campbell. - The real question was . w . l l‘ ! ‘ h S u Belans bell was the employer of the musician who had performed m tie Wentworm Hall, which he owned, or whether Chris tie was their employer, said Mr Collins. The Labour Department felt that ° the other must be the employer, although one might be liable in part and the other Tnr the balance. The band, consisting of the workers for whom the claim was being made, had been employed at the Wentworth cabaret on Saturday nights, when Campbell conducted dances on his own behalf, and on some occasions on week nights, and on other occasions when m e e e ha n il had been let to organictatlnns It was possible that on tnose occasions the relationship of the jp« sl ® ians might be with a different employer. Barnes Rutledge PitcaitWy ah inspector of awards, said'that on March 18 he naa called on Campbell in. c ° n ."® Xl ° n „ wicamnarrears of wages and holiday pay- Cajnp bell had said that the responsibility In nart was not his, and had referred him to Christie who had denied he was ~re IpoSble* cXbEira wages book showed entries referring to the Satuiday mgnt performances, and there was no regoj d of performances when the dance had been run by outside organisations. To Mr Hutchison, the witness said that Campbell’s first contention bad been that the men had been employed by Christie. H? had said he was morally responsible for his own dances, not morally responsible for those for outside orgemsaUon., and n °Hugh al McAlplne 13 u‘‘& hall ?Ser S He the mtn in his band. He had never heard of a band leader claiming he was not the employer. Band Leader’s Evidence Christie in evidence, said he had formed • the band' on the instructions of Camp- ! bell. Remuneration had not been men- . tioned. Campbell understanding thatte . would have to pay award rates, ine nrsi : W?ek after the p blnB began work. Camp- ’ bell had given witness a lump sum to pay L the musicians, but it was an » tory method, and witness had suggested : Sat he make out individual P»Y . This had been done, and at first witness , had also written on the envelopes the ’ amount held by Campbell as holiday Pay. » There was no difference in witness s position in relation to Campbell if 5? dance ’ was held by an outside organisation and - not by Campbell himself. He had never • received any money except his pay. s To Mr Hutchison, the witness said he - had the Dower to dismiss men from, or . JSfage men for, the band, but the men . had the right to go to Campbell to claim

,o FrederTrt James Turnef, secretary of the Canterbury branch of the Musi clans Union, said that a person running a function paid the Individual musicians who performed at it. In answer to a question by the Magistrate, the witness said that there were quite a number of ways in which musicians could be engaged and it did not concern the union as long as the award was being complied with. Leo Inns said he had been employed as a musician at the Wentworth. In answer to a question by the Magistrate, witness said that he had been slightly in doubt, during his employment, as to who W c’arnpbeli m had y none of the power which would make him an employer said Mr Hutchison. An effort was being made to change the relationship of the workers, band leaders, and customers or employers. The venture had not been a success. There was no surplus money to pay retrospective pay, while holiday pay had disappeared from view. Campbell had been the employer of Christie as a band leader, or of the band as a whole, but Christie had been responsible for the individual members. Campbell, in evidence, said he had been a band leader for 18 years and had always taken the responsibility of being the men’s employer. Christie had chosen the band, witness having put forward only two names as suggestions. He had had the money put. in envelopes because the award rate at that time Involved broken money, and it had been moat inconvenient for Christie to find broken money at 1 a.m. when the men were paid. The hearing was adjourned until a date yet to be fixed.