BREACH OF FACTORIES ACT ALLEGED

Dominion, Volume 30, Issue 172, 17 April 1937, Page 10

BREACH OF FACTORIES ACT ALLEGED

Charge Against City Corporation SUNDAY WORK IN TRAM-SHEDS A test case, in which the Wellington City Corporation was charged with a breach of the Factories Act. was heard in the Magistrate’s Court. Wellington, yesterday by Mr. W. F. Stilwell, S.M., who reserved his decision. The corporation was charged with employing A. Thompson in a factory as a tramcar adjustor on a Sunday, and failing to pay him the extra rate above his ordinary pay. It was stated that the purpose in bringing the case .before the court was to obtain judicial opinion as to the rate of pay to be paid to tramcar adjustors in the corporation’s tram-sheds on Sundays, and as to whether the barn portion of the buildings might be regarded as a factory as specified by the Act. The case hinged on the question of whether those engaged in the barn were skilled workers. It was contended that if this were so the barn would constitute a factory under the Act. A. Thompson said his work was to inspect the under-gear of the tram-cars and to effect replacements. In his opinion some of his work could be classed as repairing. The prosecution claimed that repairing required some measure of skill. Au inspector of factories, Mr. F. W. Ashley, said he had witnessed the work done by Thompson, and, though he did not claim to be a technical expert, it looked intricate to him. He considered the fitting of “fingers” into the motor control box as “a really ticklish job.” Mr. M. Cable, general manager of the tramways department, and Messrs. D. K. Blair and H. F. Toogood, engineers, gave evidence that the work was not of a kind requiring skill. Mr. P. H. Kinsman, district officer of the Labour Department, prosecuted and Mr. J. K. Marshall appeared for the corporation.