HOLIDAY PAY CASE

Gisborne Herald, Volume LXXIII, Issue 21922, 17 January 1946, Page 6

HOLIDAY PAY CASE

FIRM’S APPEAL UPHELD Judgment allowing an appeal byKent's Bakeries, Limited, against a magistrate’s decision in favour of James It. Moon, journeyman baker, has been given by Mr. Justice Cailan. Respondent claimed that he had been underpaid under the Annual Holidays Act, 1944, for his annual holiday leave of two weeks. It was agreed by both parties that the respondent’s rights as to annual holidays were governed by section 3 of the Annual Holidays Act, 1944, en-. titling the worker to two weeks' holidays on “ordinary pay.” This allowed the respondent to receive remuneration during his two weeks’ holidaey, for his normal number of hours oi work, calculated at the ordinary time rates oi pay.

The respondent claimed that he should have been paid not on the basis of a 44-hour week, but on the basis of his usual wage, which included 2s an hour for starting work early. In giving judgment, I-lis Honour said that the magistrate had accepted the respondent's submission that the proper method of calculation of his holiday pay was to add up what he had earned during the year and then find a weekly average. His Honour said lie preferred the appellant’s submission, as he thought that beginning work before the prescribed starting times was not an ordinary thing in respect of clause 2 of the award. The appeal was allowed and judgment was given for the appellant, with costs and disbursements.