BAKERS’ AWARD

Press, Volume LXXXIV, Issue 25589, 2 September 1948, Page 3

BAKERS’ AWARD

DEDUCTIONS FROM PAY HELD LEGAL

ARBITRATION COURT’S DECISION “During the periods covered by the | claims, the workers did not complete 40 ordinary hours of work each week, although on the evidence, the employers had work available for them on Saturday mornings, and the time so lost was in our opinion time lost through the workers’ own default. Consequently, in the circumstances of the present cases the employers were entitled to make deductions from the weekly wages pursuant to clause 12 (d) of the award,” said Mr Justice Tyndall, giving judgment for the respondents, Stacey and Hawker, Ltd., and C. E. Boon, Ltd. (Mr T. A. Gresson), on an appeal heard in the Court of Arbitration. The case was brought by the Inspector of Awards (Mr C. P. Collins), represented by Mr G F. Grieve, who appealed against a decision given by De-puty-Judge Stevens that deductions from employees’ pay to cover hours fewer than 40 worked from Monday to Friday, which employees refused to work on Saturday, were not illegal Mr Justice Tyndall dismissed the appeals. In a dissenting opinion, Mr F. C. Allerby (employees’ representative) said that in the’ case of Stacey and Hawker, Ltd., the employer was a party to the default of the worker as to Saturday work, because he posted a notice to that effect in the bakehouse. “In the case of C. E. Boon, Ltd., I consider that the elimination of Saturday work was accepted by the employer for the reason that no hours of work were posted, and no bread was baked at all on Saturdays. The fact , is that the bakery was not operated on Saturdays, and therefore the individual worker could not have lost time through his own default The worker cannot be in default if the employer accepts the position, even although he accepts it under protest.” said Mr Allerby.