Pay-rate appeal granted Labourers Union

Press, 19 June 1984, Page 4

Pay-rate appeal granted Labourers Union

The Arbitration Court has allowed an appeal against a decision of District Court Judge Willis, acting as a delegate of the Court in a case between the Labourers Union and McKendry Brothers, Ltd. Judge Willis heard a claim for penalties and for the recovery of arrears of wages at a hearing in Christchurch on August 24 last year. In a decision given on December 8 he ordered payment of $lO to Mr Z. Edwards and $3O to Mr W. Beazley, for failure to provide tea, coffee, milk and sugar in accordance with the award; found the company had breached the

award and for this imp'osed a penalty of $5O. He also ordered payment of $5O for failing to provide safety boots, and $lOO for a breach of the award clause concerning redundancy notice. Judge Willis said that the breaches were in the main of a technical nature but should never have occurred. He dismissed claims for underpayment of wages and for unauthorised deduction for car expenses. The union appealed on one point, that of classification of the work of Mr Edwards. It claimed that he should have been paid the rate for an internal trans-

port operator instead of a general worker. In its decision the Court (Chief Judge J. R. P. Horn and Messrs D. Jacobs and T. R. Weir) said that a clause in the award said that where a worker was required to, and performed, duties for which a higher rate of wages was prescribed, he should be paid such higher rate for the time involved. The Court concluded that Mr Edwards should be paid for two hours a day at the internal transport operator’s rate. It referred the matter back to the parties to make the necessary calculations of underpayment.