DRIVERS' AWARD.

Dominion, Volume 1, Issue 294, 5 September 1908, Page 6

DRIVERS' AWARD.

INTERPRETATION BY COURT. The Arbitration Court gave" its decision yesterday in the case of, the Inspector of Awards' v. Muni Cottrcll and Co. The judgment was as follows: — "The question in this case is as to the proper construction of clauses 1 (a) and 6 of tho 'Wellington Drivers' Award (Book, of Awards, Vol. IX, p. 131). These clauses aro as follow: — "1 (a) Except where otherwise provided 47J hours shall constitute a week's work, exclusive of the time occupied in necessary attendance'to horses. The,said hours shall include tho timo properly occupied in going from and returning to tho stable. The working hours shall be regulated by each employer according to the special- requirements of his business; provided that any time worked before 7 a.m. or after 7 p.m. shall bo considered overtime. "6. Overtime shall be paid at tho rate of Is. 3d. per hour for all time worked beyond tho hours prescribed by Clause I of this award. "The provisions of Clause 1 (a) are the same as those contained in Clause 1 of the previous award made in 1904 (Book of Awards, Vol. V, p. 320), save that the proviso with regard to work before 7 a.m. and after 7 p.m. was not in the previous award. "The question of the proper construction of Clause 1 of the previous award was brought before this court in September, 1906, in the form of an application for interpretation. It was then laid down that an employer must regulate the hours of work_ in advanco, according to tho special requirements and circumstances of his business, and must do so bona-fido, and not capriciously, and that this implied a general regulation, not merely ono to relate to a particular period (Book of Awards, Vol. VII, p.532). "We think that the present award must be construed in tho same_ way,_ and that the proviso to Clause. 1 (a) in this award does not enlarge, but restricts, the power of regulation which tho employers possessed under tho previous award. Under that award an employer, if the requirements of his business made it necessary, might regulate the hours of work so that a driver might be called on to work before 7 a.m. or after 7 p.m. Under the present award lie cannot do so without making himself liable to pay overtime. When an employer has regulated tlio hours of work in the manner indicated such hours, subject to the weekly limit, become the 'hours prescribed' for tho purposes of Clause 6 of tho award. Tho result is that if any driver is required to work outside the hours of work which havo been fixed in advanco by his employer, ho is entitled to bo paid overtime, although his total hours of work for tho week may not have oxccoded 47J. "As tho case was brought for an interpretation the court does not make any order in the matter." W. A. SIM. Judge. Mr. D. M. Findlay for the inspector, and Mr. W. Pryor for tho' respondent.

Mr. A. .P. Turner (evangelist) will 6peak in the ltiddiford Street Church of Christ to-morrow evening on "An Interesting Incident in Missionary Life." Mr. Vickery will hold services at Kiluirnis*