SHOPS AND OFFICES ACT.

Dominion, Volume 1, Issue 155, 25 March 1908, Page 8

SHOPS AND OFFICES ACT.

a . THE HALF-IfoLIDAY A CHIiISTCHTJRCIi CASE. [BY .TELECRAPE.—SPECIAL CORRESPONDENT.] Ciiristchuroh, March 24. At the Magistrate's Court to-day, boforo Sir. H. W. Bishop, S.M., Maurioo Lyons, licensee of tho United Service Hotel, was charged by the Department of Labour, with failing to allow an employee a half-holiday in accordwitn tho regulations of tho Shops and Offices Act. Mr. Cassidf appeared for tho Department, and Mr. Russell (instructed by the Licensed Victuallers' , Association) for tho licensee. .

-Cassidy said that the amended Act specified that all assistants employed in any hotel must havo a half-holiday from tho hour °t 2 o clock in the afternoon during some working clay of tho' wock. Herbert Lambert, the employee in question, had been employed from 10 o'clock every night (Sundays included) till 9 o'clock the following morning. He contended that a breach of tho Act had been committed. -Mr. Riddell, S.M., had recently given judgment in a somewhat similar case in Wellington, but on that occasion tho defendant had had no counsel. ' 1 Mr. Russell maintained that the facts before tho Court did not bring the licensee widiin tho meaning of the Act. In tho caso of employees starting work at 8 or 9 o'clock in the morning, when 2 o'clock cam© round they Vr nre, of eourso, entitled to leave off for one day in the week; This could not apply to a man who 'was off all day. At the time specified in the Act; tho man was not in defendant s omploy, and defendant, thero--5m - 110 '' him ■ a holiday. ' _ Ihe Magistrate stated that tho ,6aso was in no wise distinguishable from the Wellington caso decided ly Mr. Riddell. It seemed to him a most extraordinary thing that tho Labour Department, if it was dissatisfied with the decision, did not appeal to the higher Court, instead of bringing the case down to (jhristchurch te get another Magistrate's ruling. The decision had been given hv a valued and capable Magistrate, and .he (Mr. .Bishop) thought tho circumstances of tho caso would justify him in following that ruling. Iho case would bo dismissed. No costs would bo allowed. It would bo open to the Department to appeal against this decision, although it would be a very simple matter to I get tho Act-amended. ' . ;