HARBOURS AWARD

Evening Post, Volume CXXXIX, Issue 47, 24 February 1945, Page 9

HARBOURS AWARD

A SUCCESSFUL APPEAL

The Court of Arbitration has delivered judgment in an appeal brought oy . the Gisborne Harbour Board against a judgment of a Magistrate in favour of the Inspector of Awards for an alleged breach by the board of the New Zealand Harbour Boards Emnlovees' Award. .

The appeal .raised the question whether an employee who is engaged in an industry but whose class of work is not specifically set forth- in the award is entitled to the benefit bf the general clauses of the award laying down the ordinary hours of work and payment for overtime for work done outside such hours. The proceedings in the Magistrate's Court claimed that the board had employed its berthing officer between 6 a.m. and 7.30 a.m° which was outside the ordinary hours of work prescribed by the award, without paying him at the overtime rate. The Magistrate held that the board in not paying overtime rates had committed a breach of the award, and he inflicted a penalty. The Court of Arbitration, in allowing the appeal, decided that the award and its schedule must be looked to for the purpose of ascertaining the scope of the award. Although the berthing officer was employed in the industry, his work was not substantially the same as any of the positions provided for in the award, and, therefore, he was not covered by the award, and the board and the berthing officer were entitled in law to enter into an agreement between themselves as to the rate of wages to be paid and the hours to be worked.

Mr. J. F. B. Stevenson appeared for the appellant board, and Mr. G. F. Grieve, of the Labour Department, appeared for the respondent inspector.