FULL COURT

Evening Star, Issue 23755, 10 December 1940, Page 6

FULL COURT

FIRST SITTING IN DUNEDIN DEFINITION OF SHIFT WORK QUESTION OF IMPORTANCE TO DOMINION INDUSTRY A judgment of considerable importance to industry in the Dominion was given in the Supreme Court on November 22 by His Honour Mr Justice Kennedy, the point which had to he decided by His Honour being whether a firm which in order to fulfil its orders decided to employ another shift had to pay the workers on the day shift an extra 3s per shift. Ho decided that the extra 3s a shift had to be paid. In the first instance John Janies Grant, a carder, appealed against the decision of a magistrate in an action he brought against Messrs Ross and Glendining Ltd. in the Magistrate’s Court for extra payment for shift work under the terms of the Woollen Mills Labour Suspension Order, 1940. The magistrate dismissed the claim. His Honour, on the other hand, upheld the appeal. During the course of his judgment His Honour said ; “ It may seem anomalous to some that the worker should receive an additional 3s per shift simply because another set of workers is doing the same work within the period of 24 hours, and that if the defendant company discontinued the night work the plaintiff would cease to bo entitled to the 3s extra per shift, and that before the suspension order night work might be carried on under the award. These considerations, however, cannot prevail against the terms of the order.” Messrs lloss and Glondining had given notice to appeal to the Appeal Court against this decision, but ns another case on similar lines, with a different plaintiff, is set down for hearing, it has been agreed that this action should be brought before the Full Court, which will sit in Dunedin on Wednesday week. The powers of the Appeal Court and the Full Court, it may be added, are practically synonymous. The parties have agreed to accept the decision of the Full Court as conclusive. It will then not bo necessary to take any further proceedings before the Appeal Court. It is understood that advantage will be taken of the sitting in the local Supreme Court to hear a Christchurch case arising out of an award. It is believed that this will mark the. first occasion of a sitting of the Full Court in Dunedin.