DAIRY FACTORY WORK

Dominion, Volume 32, Issue 173, 19 April 1939, Page 8

DAIRY FACTORY WORK

Appeal Case Dismissed QUESTION OF HOLIDAYS Au appeal by John -Nagle Larsen, labourer, against a judgment given by a magistrate in favour of the Ohakuue Co-operative Dairy Company, Ltd, was heard by Mr. Justice Reed in the Supreme Court, Wellington, yesterday. Larsen had sued the company for £2O/3/7 i n lieu of holidays to which he claimed he was entitled by virtue of working in a two-man factory subject to the provisions of the Factories Act Amendment Act, 1930. The magistrate held that by Order-in-Couneil made on August 31, 1936, the right to a holiday or pay. in lieu thereof was taken away and that employees were entitled to time and a half in respect of the extra day worked in the week. Judgment was entered for the company and against this decision Larsen appealed. Mr. A. J. Mazengarb appeared for appellant and Mr. W. H. Cunningham for respondent. The appeal was in. the nature of a test case only, as the position of workers has now been fully covered by the New Zealand Dairy Factory Employees’ Award, which provides that in factories where not more than two workers are regularly employed a worker employed seven days of the week shall be entitled to a whole holiday for each additional day on whieh be is so employed. The award contains provision for payment in lieu of a. holiday and provides that holidays shall be giveu not later than oue month after the close of the season or payment similarly made. Mr. Muzeiigurb argued as regards section 4 of the Factories Act Amendment Act, that the Order-in-Council was meaningless, iu that it made no provision for two-man factories but only affected statutory holidays, Sunday and half-holiday work. His Honour, in dismissing the appeal, said he could not so interpret the Or-der-in-Council. It was to be assumed that, in drawing the Order-in-Council, regard had to be had to the conditions in the industry. In his opinion, the intention of the. Order-in-Council was to make one general rate for all time worked in excess of six days, all work on Sundays, statutory holidays and the weekly half holiday. Costs amounting to £5 were allowed to respondent.