HOLIDAY QUESTION

Evening Post, Volume CXXVIII, Issue 135, 5 December 1939, Page 15

HOLIDAY QUESTION

INTERPRETATION OF AWARD

The interpretation of clause 6 of the Tazanaki, Wellington, Canterbury, and Otago and Southland Cleaners', Caretakers', and Lift Attendants* award was sought from the Full- Court yesterday by way of an appeal from a decision of Mr. A. Coleman, S.M., at Wanganui, The clause relates to the allowing of a week's holiday on full pay after a year's service. The Court consisted of the Chief Justice (Sir Michael Myers), Mr. Justice Blair, and Mr. Justice Johnston. The appellant was Gordon Hally Ai> derspn, of Gonville, Wanganui, who proceeded in the Magistrate's Court through Herbert Arthur Gatward, In-, gpector of Awards, against John Fred-; crick Couchman, manager of the Vacuum Cleaning Company, Wanga-| nui, for £€, 6s in lieu of one week's holiday. Mr. N. R. Bain (Wanganui) appeared for the appellant, and Mr. J. F. B. Stevenson for the respondent. The appellant was employed as a cleaner from Juiy 1, 1937, to August 13, 1938, at £4 6s a week, He had been in the regular service of the respondent for fourteen or fifteen years prior to April l, 1938, when the award came into operation. On August 13, 1938, the respondent dispensed with his services. The Magistrate, in giving judgment for the defendant, said he did not think the holiday clause could be "made to operate retrospectively, and he did not think there was any right of common law action for damages on the part of the plaintiff. "In my opinion," he said, "it was the intention that, upon public grounds, the workers should enjoy a period of rest and recreation and. j that such should not be commuted by a cash payment, and that any breach of duty in the direction of frustrating that period for rest and recreation should be visited by a penalty inflicted in the : public interest and not the object of a 'private action for a monetary solaI tiurn." .