APPEAL COURT CASE

Dominion, Volume 31, Issue 152, 24 March 1938, Page 13

APPEAL COURT CASE

Is A Timber Yard A Factory? 1

Whether timber stackers working in an open space are workers in a “factory” within the meaning of the Factories Act was a point argued before the Court of Appeal at Wellington yesterday. The action arose from a prosecution in Christchurch in May last, when Charles Edward Otley, manager, was convicted and fined £2 and costs for failing to pay J. Murphy and other timber-stackers and yard labourers wages for Labour Day. The case was later taken to the Supreme Court, from which it was referred to the Court of Appeal. The Court of Appeal consisted of the Chief Justice (Sir Michael Myers), Mr. Justice Blair, Mr. Justice Kennedy, Mr. Justice Callan apd Mr. Justice Northcroft.

Mr. J. F. B. Stevenson appeared for appellant and Mr. C. H. Taylor for respondent (Sydney William Armstrong, inspector of factories). Mr. Stevenson said that the case affected many industries because it raised the question whether an open space could or could not be a “factory” within the meaning of the Act. The prosecution against Otley, which was heard by Mr. E. 0. Levvey, S.M., was brought under the section of the Factories Act relating to statutory holidays. The workers concerned were covered by an award, but as there was no provision in it for payment for holidays, the department relied upon the Factories Act. The hearing of legal argument will be continued to-day.