No Late Night Transfer

Press, Volume CII, Issue 30313, 13 December 1963, Page 18

No Late Night Transfer

(From Our Own Reporter)

WELLINGTON,

Dec. 12.

It is not possible under the New Zealand (except Northern industrial district) General Retail Shop Assistants’ Award to transfer a late closing day authorised to be observed on December 31, 1963, to December 17, 1963.

This judgment has been given by Sir Arthur Tyndall in the Arbitration Court after an application by parties to the award for an interpretation. The judgment reads: — "Clause 5 (A) of the award provides that shops covered by the award shall be closed from 5.30 p.m. on four' working days of the week and from 9 pm. on one working day of the week, and shall be closed for the wlwle of Saturday in each week. “It is clear that unless provision is made in the award to the contrary, the late closing day in any week must be the last working day in that week, which is normally Friday. "Applying clause 5 (E) to the present circumstances, we find that the late night normally observed between Christ- *

mas and New Year may be transferred to any working day during the period of three weeks before January, 1964, subject to the proviso that no two late nights may be observed with less than two other nights between them.

“The effect of the proviso is so restrictive that the only dates to which a transfer may be made appear to be Monday and Tuesday, December 16 and 17, 1963, and Monday and Tuesday, December 23 and 24, 1963. “The only late closing day which may be transferred under the clause is that normally observed between Christmas and New Year. The Friday between Christmas and New Year is December 27, and pursuant to section 3 (5) of the Shops and Offices Act, that day must be the late closing day unless provision is made in the award to the contrary. “Applying clause 5 (F) of the award to the present circumstances, we find that December 31 falls on a Tuesday. The week in which this date occurs is the working week ending on Friday, January 3, 1964, and therefore this Friday must be the late closing day for the week. The clause permits this late closing day to be observed on Tuesday, December 31, 1963.

"It appears to us that the two clauses of the award are intended to operate independently."

The employers’ representative on the Court (Mr W. N. Hewitt) commented: "It is a pity that the Court had to be approached, particularly at this late stage, for an interpretation, as it seems to me that the simple intention must have been to allow the transfer of the late night normally observed between Christmas and New Year (which, as far as Christchurch is corned, is New Year's Eve) when it fell on a working day, to another working day within the previous three weeks.”

Commenting on the Court's decision, the secretary of the Canterbury Retailers’ Association (Mr N. M. West) said the retail trade was merely trying to give a service to the public. The association was satisfied that everything which it could have done to secure the transfer of the late night in question had been done. The secretary of the Canterbury Shop Assistants’ Union, Mr P. M. Velvin, yesterday said that the Court decision was in line with the union’s submissions. The Court had supported the belief the union had all along that the late shopping night could not be changed to December 17.

"Furthermore, the Court's decision is in line with the result of a conference between the employers and the union more than 12 months i ago,” said Mr Velvm.