ALLEGED BREACH OF AWARD

Press, Volume LXXXVII, Issue 26394, 12 April 1951, Page 3

ALLEGED BREACH OF AWARD

JUDGMENT FOR DEFENDANT Judgment for the defendant waa given by Mr J. A. Gilmour, S.M., acting for the Court of Arbitration, in • reserved judgment on a claim by the Inspector of Awards (Mr Wray Mealings) for £lO penalty for an alleged breach , of the Retail Grocers’ Assistants’ and Drivers’ Award from Laings Grocery, Ltd., New Brighton (Mr R. P. Thompson and Mr J. R. L. Campbell). Mr G. F. Grieves appeared for the Inspector of Awards. The action was heard on February 27. A Magistrate had granted the defendant company exemption from the requirement to observe the closing hours set out in the award. It applied for exemption because it wished to close all day Wednesday and on Friday at 5.30 pm.® nd to remain open on Saturday from 9 a.m. to 8.30 p.m. The Inspector of Awards alleged that the defendant employed a grocer’s assistant on Saturday, September 23, 1950. outside the hours of work prescribed in the award, and failed to pay him overtime, or alternatively employed him in a position subject to the award. “I have come to the conclusion that the effect of such total exemption from clause 29 (b) of the award is to permit the defendant company to remain open and to emnloy its assistants on Saturdays at ordinary rates of pay," said Mr Gilmour.