NOT A FACTORY

Evening Post, Volume CXXIV, Issue 90, 13 October 1937, Page 13

NOT A FACTORY

TRAMWAY CAR-SHED

CONVICTION SET ASIDE

The Wellington City Corporation tramway car-sheds at Kilbirnie and -elsewhere are not factories. The corporation was convicted recently in the Magistrate's Court of failing to pay overtime to a tram-car adjuster for Sunday work, the Magistrate holding that the shed came under the Factories Act; but the Full Court today decided that the Magistrate was wrong in his interpretation of the Act and should have dismissed the information laid by the Inspector of Factories. The case was one of importance to other cities and boroughs and several transport authorities. At the appeal by the corporation Mr. C. H. Weston, K.C., with him Mr. J. R, Marshall, appeared for the corporation, and Mr. C. H. Taylor for the respondent. On the Bench were the Chief Justice (Sir Michael Myers), Mr. Justice Ostler, Mr. Justice Smith, and Mr. Justice Fair. The important questions to be decided in the case were whether the car-shed came under the definition In the Factories Act~"preparing goods for trade or sale" or "handicraft." Members of the Court agreed that the work.done in the car-shed was ordinary maintenance and not preparation, and that the duties were not "handicraft," a word that implied skilled labour. ! The conviction was set aside.