EMPLOYER AND EMPLOYEE

Dominion, Volume 13, Issue 272, 11 August 1920, Page 7

EMPLOYER AND EMPLOYEE

IMPORTANT QUESTION DECIDED. In a reserved judgment prepared by Mr. K. Page, S.M., and delivered in the Magistrate's Court yesterday, questions of importance to employers and employees were decided. The action was brought by tho Painters and Decorators' Union (Mr. D. M. Findlay) against It. Martin, l,td.. and Cecil L. Boyd (Mr. 0..0. Mazengarb) for alleged breaches of the union'B (tirard, Tho cases were taken together by conscut. The questions involved were (1) whethoj the work 011 which the employee Boyd was engaged was covered by the award, and (2) whether an employer who pays hia cuiployco more than tho award rate of wages is entitled, when such employeo works overtime, to set oil against tho tni ployee's claim for payment for such ovortime tho amount paid by the employer in excess of the award rate.

The Magistrate held that Boyd was a glazier within tho meaning of tho award, although ho was largely engaged in glasscutting. and that on the day of the annual picnic Boyd had been engaged In glazing work in removing a mirror from outside premises io tho shop. With respcct to the Becond Question, His Worship ruled that if an cmployeo was engaged at a weekly wage In excess of tlio minimum award rate, that wage was payablo for the normal number of hours set out in tho award unless there was a 6Pe oial agreement to tho contrary. Therefore, though Boyd had received as his ordinary wages an amount in excess of the nttaril rato plus overtime worked for the week ho had received ntiroly Ms ordinary vny for tho week, and tho Magistrate held lliot he was entitled to overtime pay for working ou tho day of tlio picnic. It was therefore decided that a breach of :liq award had been proved. TTith respect 10 tife penalty, tho Magßtrato observed that It. Martlu, Ltd., it had been admitted, were' estimabie "and had treated their employees well. Boyd had been paid a rato substantially in excess of th« minimum rate provided by the award. Mo deductions had been made from his wages for any tirno that he might haTe lost, and ho was also allowed ovcry holiday presented by tho award, also ten days to a fortnight each Christmas. The procood. ings had apparently been brought to t««t tlio importaut principle involved. li, iiartin, Ltd., were fined 20e. and oosts, and 0 L. Boyd 10s. for acoepting payment under tho amount stipulated in the award.