IS THERE A HALF-HOLIDAY?

Evening Star, Issue 22630, 23 April 1937, Page 14

IS THERE A HALF-HOLIDAY?

DAIRY FACTORY WORKERS' WAGE TEST OF FACTORY ACT [Phr United Press Association.] INVERCARGILL, April 22. Whether there is such a thing as a half-holiday for dairy factory workers was argued in the Magistrate’s Court before Mr W. H. Freeman, S.M., today. Mr H. M. Hopper, for the Department of Labour, sought a ruling that such workers were entitled to time and a-half for work on the statutory half-holiday, and Mr S. M. Macalister, for the Seaward Downs Dairy Company, contended that the Order-in-Council which reduced the remuneration for Sundays and holidays also obviated payment for the statutory half-holiday which ’ lapsed when the Court of Arbitration fixed a 52-hour six-day week for the industry. The case was <a test of sections 14 and 15 of the Act taken at the request of the defendant company in a breach of the Factories’ Amendment Act, 1936, of failing to pay overtime, ■said Mr Hopper. The case was parallel to one recently held in Nelson affecting gasworks, and whether or not dairy factory employees were entitled to extra payment for work on the statutory half-holiday would rest upon the decision of the court at Nelson. The magistrate had decided in favour of the department and security for appeal had been granted. The case illustrated the difficulty of interpreting different Acts, said Mr Macalister. It appears that various parties would bavh to rely on the decision of courts until the legislation was collated and made more clear. Under the Factories’ Amendment Act all employees were entitled to holidays and half-holidays. Dairy factory hours had heen fixed at 52 per week, to ho worked on any six days of the week. Dairy factories were operated on every' day of the week and Mr Macalister submitted that the intention was to fix a six-dav week.

Mr Hopper said he did not think the intention was that dairy factory workers should be less favourably placed than the workers in other industries.

The magistrate reserved his decision