MINERS’ HOLIDAY PAY

Greymouth Evening Star, 19 September 1940, Page 3

MINERS’ HOLIDAY PAY

BLACKWATER BREACH ALLEGED ■' REEFTON, September 18. Decision was reserved to-day at a sitting of the Industrial Magistrate’s Court at Reef ton at which Mr J. A. Gilmour, S.M., as delegate of the Arbitration Court, heard a case in which Blackwater Mines, Ltd. (Mr Morgan), were charged by the Inspector of Factories (Mr Rawlins) with a breach of the Blackwater Mines, Ltd., quartz mine award. Mr Rawlins said that clause 7 of the award, which covered holiday pay, had not been observed by the company in the employment of a miner-named Perks. As holiday pay for the industry was new the case was a test one. The worker had been employed from February, 1939, to February, 1940, and had since left the company’s employ. He submitted that the clause covering holiday pay was identical with that included in the State Coal Miners’ Award, and the. Unregistered Coal Miners’ Agreement' concerning holiday pay. The clause read: “That after 12 months’ continuous service with the same company in any one year an employee became entitled to holiday pay.” The company ruled that the clause meant to convey that the period should cover a calendar year from January to December. He submitted that the clause did not suggest .a calendar year. Provision was made in the clause for the dates on which annual holidays could be taken and for annual holidays for periods of a year which en-| titled a worker to receive one day for every 20 days’ work in one year after he was for a certain period in the company’s employ. Should the Court interpret this clause as covering a calendar year the interpretation would'be in direct variance to the holiday periods as covered by other awards.

Mr Morgan, for the company, held that the purpose ‘of the clause was clear, and that the worker should, after a calendar year of service, in the company’s employ, receive holiday pay. Provision was riiade to cover the payment of holiday pay for periods of a year after a worker had been employed by the company for a certain period. The award distinctly stated* that holiday pay be paid to the workmen on the last pay day before December 24. This showed that a-cal-endar year of service was required to. qualify for holiday pay.-