BREACHES OF AWARD

Greymouth Evening Star, 21 February 1940, Page 4

BREACHES OF AWARD

[ SALVATION ARMY CO. FINED ■ [PEB PBESB ASSOCIATION.’' CHRISTCHURCH, February 20. Two penalties of £2 and one of £1 i were imposed' on the Salvation Army (Auxiliary Company, Ltd., for breaches ‘of the New Zealand Private Hotel Employees’ Award, in the conduct of a private hotel known as the People’s Palace, in Manchester Street, by a reserved judgment given in the Magistrate’s Court to-day by Mr. F. F. Reid, iS.M. The penalties were on three of 'six charges brought by the Labour (Department, which claimed a £lO penjalty on each charge. Judgment for { the company was given on the other charges. The case was heard on February 9. Mr. K. W. Walton represented the company, and Mr. S. E. McGregor, inspector of awards, appeared for the department. On the charge of failing to pay Ruby Loughlin (second cook) due overtime, the Magistrate stated that •he was not prepared to hold that the (plaintiff had established that it was necessary for Loughlin to work extended hours in order to fulfil her allotted duties; but he had formed the opinion that she was the type of female domestic wtorker who disliked being bound by exact hours. However, this did not alter the fact that the award cast a duty on the employer' to see that the worker' adhered strictly to <the hours laid down. He had formed the impression that the worker had worked miore or less the hours she pleased, which had been tacitly acquiesced in. This, however, did not absolve her employers from liability for the breach, for it was an employer’s duty so to- conduct his business as to be in a position to know everything that was going on. not disregard the fact that this worker, week in and week out, had recorded incorrect time sheets, and had made no claim for overtime or ever suggested that she was working longer hours than she should. In these circumstances the Magistrate did not think the breach, which he held to have been established, called for a heavy penalty. The plaintiff would have judgment for £2. The Magistrate gave judgment for the company on the charge of failing to allow Loughlin proper weekly holidays, holding that a breach had been, established. Judgment for the company was also given on the charges of failing to pay overtime due to Oliver Morris (kitchen hand) and to Charles R. Hill (kitchen hand), the Magistrate stating that the evidence of; both these workers was unsatisfactory. A penalty of £2 was imposed on the company for failure to keep a correct time and wages book. The Magistrate held that the incorrect .entries made by Loughlin could not have misled the manager for -long if there had been proper supervision of the staff. The charge of failure to exhibit a time-table of working hours was admitted by: the company, and was treated by the 'Magistrate as nominal, since all workers had been given a table showing their hours of work. A penalty of £1 was imposed for this breach. " \