ANZAC DAY

Evening Post, Volume CIV, Issue 24, 28 July 1922, Page 8

ANZAC DAY

'A SUNDAY OR A HOLIDAY?

A QUESTION OF . WAGES.

„' The; interpretation, of section 38 of 'the' Factories Act in. relation to Anzac Day was involved in a case heard at the Magistrate's Court to-day. Mr. R..T. Bailey (Inspector of Awards) proceeded against Cathie and Sons, Ltd., on a charge of failing to pay wages to female employees under the age of 21 years on Anzac Day. The defendant company,was represented by Mr. G. G. G. Watson, who said that all the facts were admitted.

.Mr. Bailey said that Anzac Day was observed throughout New Zealand as a holiday, and for that reason the defendants' firm should be called on to pay wages. ■''•-■ Mr. F. K. Hunt, S.M.: "But Anzac Day is observed as a Sunday. You have to prove to me that Sunday is a Sunday." Mr. Bailey: "There is no obligation upon an employer to close his factory on Anzac Day." Mr. Hunt: "They would probably get their windows smashed if they kept open." Mr. Bailey submitted that the employees had to be paid when they were prevented from working. The Court was not concerned whether Anzac Day was a Sunday or not, but the . point was whether the employees had been prevented from working or not on that day. Mr. Watson said that the case was one of Dominion importance. It was not merely a case of a few pounds being involved, but there was an important principle involved. . On Anzac Day both the employers and the emolovees went with-, out profit, but if Mr. Bailey's contention were correct then one section of the community would have to pay another section to observe a holy day. _ The Act should be observed in its obvious meaning—that Anzac Day was to be observed in all respects as a Sunday. ' If Mr. Bailey were correct, the hotels- could have kept open on Anzac Day. The Factories Act, contained, no definition of a holiday., „

- The .Magistrate said that in view of the fact that the case was something in the nature of a test case he would give;a written decision, but he was of the opinion that the cane should be dismissed.