APPEAL ALLOWED

Dominion, Volume 32, Issue 65, 9 December 1938, Page 7

APPEAL ALLOWED

Employment Of Youths In Market Gardens PAY ON HOURLY BASIS Dominion Special Service. WANGANUI. December 8. An appeal by Kwong Chong Fore, market gardener. Aratnoho, against a judgment of Mr. .1. IL Salmon, S.M., was allowed by Mr. Justice Quilliam, whose judgment wits issued today in Wanganui. The cace was one in which the inspector of factories' brought an action against appellant for enqjoying youths as agricultural workers at an hourly rate. The facta agreed on were that appellant was the employer of youths and females to do wetaling, planting and general labourers’ work in his market garden. The hours worked varied from week to week. They were paid on an hourly basis proportionate to lite weekly wages fixed by the Agricultural Workers Act. "It was stated by counsel for respondent that one of the objects of the order was to discourage casual employment of youtlta and females in market gardens,” stated the judgment. “No doubt compelling . the employer to pay a week’s wages for an hour's work would tend toward such discouragement, but a simpler and more effective method of effecting this Would have been by the insertion in the order of an express prohibition. In other cases where prohibition was intended it was stated plainly in both the Act and the order, but there was no sueb prohibition expressed.”