HOLIDAY SEASON

Evening Star, Issue 23449, 14 December 1939, Page 10

HOLIDAY SEASON

CLOSING OF SHOPS EFFECT OF AWARDS As Christmas Day am} New Year’s Day fall this year on Mondays, the position in respect of the closing of shops in the city of Dunedin will be as follows, advises the local office of the Department of Labour:— (1) Where the closing hours are not fixed by an award or industrial agreement: Pursuant to the provisions of the Shops and Offices Act, 1921-22, shops that are closed for the whole of Monday (Christmas Day) or Monday (New Year’s Day) may be kept open on the previous Saturday, provided that some other day in the week preceding those holidays is observed! as the statutory closing day and the occupier has previously notified the inspector of factories (Department of Labour) of the day that ho intends to observe. The late night may be observed on one of the six working days immediately preceding Christmas Day and on suoh one working day between Christmas Day and New Year’s Day as the occupier may determine. The majority of shopkeepers, however, will probably observe the late night on Friday, this being the usual late night. Regarding the statutory half-holiday in Christmas and New Year weeks, attention is drawn to the provisions of the Act, under which a shopkeeper who closes for the whole of Monday and Tuesday is entitled to keep open on the day of the usual weekly half-holiday in the same week. The “ keeping open ” or the “ closing ” of premises, however, should not he confused with the question of employment of assistants, and while the employment of assistants on such usual, half-holiday is permissible unless an award or industrial agreement governing ‘ their employment makes provision to the contrary, it is advisable to carefully peruse the award, because some awards require that the half-holiday shall be given on the day usually observed. The effect of such a provision in an award would he to maintain the right of the worker to the half-holiday on the usual day, notwithstanding the fact that, because an occupier had closed his premises for two whole days, he may “ keep his shop open ” on the usual half-holiday. (2) Where closing hours are fixed by an award or industrial agreement: The position as set out above will apply unless the award or industrial agreement makes provision to the contrary, in which case the hours prescribed by the award or agreement are required to be observed. The principal points to which the attention of those affected is drawn regarding the application of an award or industrial agreement are: (a) That the Shops and Offices Act, in permitting the employment of workers until 10 p.m. (that is, one hour later than usual) on the late nights preceding Christinas Day and New dear's Day applies only if the award or industrial agreement makes provision to that effect; and (b) that the award or agreement does not specifically require the half-holiday to be given on the day of the usual half-holiday.