INTERESTING POINT

Evening Star, Issue 22879, 10 February 1938, Page 5

INTERESTING POINT

CATERER’S WAITRESSES AT RACES ARE THEY ON HIS PREMISES 7 [Feu United Press Association.] AUCKLAND, February 9. A case stated on appeal to be of considerable importance to certain caterers was argued before the Second Court of Arbitration, over which Mr Justice Hunter presided. The claim was originally brought in Hamilton by the inspector of awards against Adams and Sons, caterers, of Green Lane, asking for a penalty of £lO for each of three alleged breaches of the New Zealand tearoom and restaurant employees’ award. Mr S. L. Paterson, who heard the case, accepted the defendants’ contentions as substantially correct. He concluded that there had been no breach of award, and gave judgment for the defendants with costs.

Mr C. P. Smith appeared to-day in support of an appeal from this decision, and Fir Alderton appeared to oppose it. The chief alleged breach of the award was that the defendant firm had employed a pantrymaid at the Te Rapa races in February of last year and paid her 12s 6d a day, instead of at the rate prescribed by the award. The magistrate, in his judgment, said that _ the defendants had paid the rate provided for casual waitresses. The plaintiff’s case was based on the proposition that the employers’ premises were at Green Lane and that work done at Te Rapa was done away from the employers’ premises within the meaning of clause 8 of the award. That meant a payment of £1 2s 6d for an eight-hour day. The defendants said their premises for the purposes of the award must be deemed to be part of the To Rapa racecourse. Mr Alderton said the case was of great importance because, if the department’s contention were correct, it would involve back payments of between £1,400 and £1,500. If that view were upheld, the racing club would be paying waitresses 12s 6d a day while the defendants would be paying them £1 2s 6d. - The court reserved its decision.