FACTORY TRADES

Dominion, Volume 31, Issue 70, 16 December 1937, Page 8

FACTORY TRADES

Question Of Additional Payment

WORK ON HOLIDAYS Retrospective Legislation 4 Intended The intention of the Government to introduce legislation dealing with the wages of factory workers for work done on holidays was announced by the Minister of Labour, Hon. H. 1. Armstrong, in a statement, issued yesterday. „ “The attention of the Government, said Mr. Armstrong, “has been drawn to the recent judgment of the Court or Arbitration in the ease of Cathie and Sons, Ltd., v. Inspector of Awards, in which it was held that the Factories Act and its amendments are mandatory and entitle 'factory workers to payment for the prescribed holidays irrespective of whether they fall on a working day or not. When the factories Amendment Act, 1936, was passed, Saturday was a working day and the intention of the legislation was merely to ensure that workers would receive their ordinary weekly wage without any deduction due to a holiday falling on a working day. “In many factory trades Saturday is now a non-working day and in such cases when a holiday occurs on a Saturday the department’s view has been that the Factories Act does not require payment to be made for that day in addition to the ordinary week’s wages. This view was in accordance with a past decision of the Court of Arbitration given by Sir Francis Frazer, and was also based on legal advice obtained by the department. “The Government has previously stated that where its legislation, does not have the effect that was originally intended, it, would, where necessary, amend the law. The Government therefore, proposes, when Pailiament resumes its deliberations m March, to introduce if necessary an amendment to the Factories Act to give effect to the Government’s original intention as outlined above. This legislation.will be retrospective in its operation. ft should be noted, however, that where an award requires payment to be made for a holiday irrespective of when such holiday occurs!, the provisions of that award and the latest ruling of the Arbitration Court must, of course, be complied with by the employers, whether such awards relate to factory workers or not.”