RELIEF FOR MEALS

Dominion, Volume 23, Issue 56, 29 November 1929, Page 2

RELIEF FOR MEALS

UNION CLAIM FAILS CASE OF TRAMWAY EMPLOYEES The Wellington Tramway Emnloyees’ Union recently claimed in the Magistrate’s Court, before Mr. E. Rage. S.M., for two £lO penalties from the Wellington City Corporation in respect to Motorman Lee and Conductor Jorgenson, who, it was alleged, had been employed longer .than five hours without meal relief. Yesterday the Magistrate gave his reserved decision, and dismissed the claim. In dismissing the claim, Mr. Page said that on the night the breaches were alleged to have been committed there was a meeting at the Kilbirnie Speedway. On the two previous Saturdays similar meetings had been held at t’.e Stadium, and the management had experienced some difficulty in foreseeing exactly when and for what destinations the various tramcars would be required, but on the second occasion there had been no difficulty, the service and staff proving to be adequate, with the result that the passen.gers had been conveyed to their destinations without a hitch. On the third occasion a service identical with that provided on the second occasion had been put on. and he thought the management had acted reasonably in providing a like service. It was not to be foreseen that there should happen to be a larger proportion of the crowd coming from a distance, but. being there, it was necessary that the passengers should be carried by the trams. “It seems to me,” addgd Mr. Page, “that where reasonable foresight and judgment have been exercised in seeing that employees are not worked beyond the times petitioned in the clause, but notwithstanding this some unforeseen work requires to be done, such circumstances constitute an emergency within the meaning of this clause. The service must be run on business lines, and with due regard to economy. and where, as here, an unforeseen contingency arises, the defendant does not commit a breach of the agreement because two men should be on duty a few minutes beyond the five hours They are paid for any overtime worked, and it cannot be expected that the management should keep extra men on hand unoccupied to meet every possible contingency where there is no reasonable prospect of their services being required.” At the hearing of the case, the City Solicitor (Mr. J. O’Shea) appeared for the City Corporation, and Mr. H. F. O’Leary for the union.