SHIP'S LEAVE

Evening Post, Volume CIII, Issue 32, 8 February 1922, Page 8

SHIP'S LEAVE

INTERPRETATION OF AWARD

An interpretation has been given by j the Arbitration Court in the case of a clause in the agreement between the Merchant Service Guild of Australasia (New Zealand section) and the Union Steam. Ship Company, Limited. . The clause in question was as follows :— "Every master or officer who serves'the employer continuously for twelve months shall be. allowed by the employer leave of absence on full pay in each year of his service—a master for a continuous period of twenty^one days, and an dfficer for c continuous period of fourteen days—-at such time as the employer shall determine." The question was this: If the employment is determined by the employer before the end of the year without any misconduct on. the part of the master or officer, is the master or officer entitled to leave on full pay proportionate to the period for which he has worked ? The Court held that the meaning of the clause was that no leave of absence could be claimed until after twelve months' service had been, completed. After the first twelve months' service had been completed, the leave earned during that peqod was to be granted during the second year of service. Similarly the leave earned during the second year was to be granted during the third year of service, and so on. A master or officer might, with the consent of the company, accumulate all or part of the leava "due to him. If, in 1922, he was entitled to claim fourteen days' leave/ he might' elect, if the company consented, to take no leave or only seven days' leave in that year, and to postpone the taking of the unused leave until a later year, so long- as the postponement did not extend beyond the< third year. There was no express or implied provision relating to proportionate leave for a broken portion of a year. The answer to the question was accordingly in the negative1. . Interpretation was also given of another clause under the same award on the question of, when discharged (conduct good) a master has completed twelve months' continuous service, and is given one month's notice on holiday to terminate engagement, is he entitled to be paid, in addition to full pay, victualling and accommodation allowance as provided in the award? In the argument submitted by the guild, the question was divided into two: (1) ■ Can a man be sent on holiday during the currency of a month's notice? (2) If so, is he entitled to victuatling and accommodation allowance for the month?

The Court held there was nothing in the industrial agreement to prevent the. company from requiring a master ot officer to take his accrued leave during the currency of a month's notice. The value of a month's notice was not .a month's pay plus allowance. The coin' pany was required to give a month's notice. The service continued during the month, whether the employee was actually working or was on holiday Ifeave. The Court's answer to the Inspector's question was in the negative, and the answers to the question as subdivided by the guild werat (1) Yes; (2) no.