NO HALF HOLIDAY ?

Grey River Argus, 23 April 1937, Page 5

NO HALF HOLIDAY ?

DAIRY FACTORY HANDS A Test Case (Per Press Association. - ) INVERCARGILL, April 22. Whether there is such a thing as a half-holiday for dairy factory workers was argued in the Magistrate’s Court before Mr W. H. Freeman, S.M. today. Mr H. M. Hooper, for the Department of Labour, sought a ruling that such workers were entitled to time and a-half for work on the statutory half holidav. Mr S. A. Mac Alister for the Seaward Downs Dairy Co., contended the Order-in-Council, which reduced remuneration for Sundays and holidays, also obviated payment for the . statutory half holiday, which had lapsed, he said, when thg Court of Arbitration fixed a 52 hours six-day week for the industry.

The case was -a test of Sections 14 and 15 of the Act. taken at the request of the defendant company, in regard to a breach of the Factories Amendment Act, 1936, of failing to pay overtime, said Mr Hopper. The case was parallel to one in Nelson, affecting gasworks employees. Whether or not gasworks and dairy factory employees wer c entitled to extra payment, for' work on the statutory half holiday would rest upon the decision of the Court. At Nelson, the Magistrate had decided in favour of th e Department, and security for appeal had been granted. This case illustrated the difficulty of interpreting different Acts, said .Mr Mac Alister. It appeared that various parties would have to rely on the. decision of the Courts until the legislation was collated and made more clear. Under the Factories Amendment Act, all employees were entitled to holidays and to half holidays. Dairy factory hours had been fixed at 52 per week, to be worked on any six days of the week. Dairy factories were operated on every day of the week. He (Mr Mac Alister) submitted that (he intention was to fix a six-day week. Mr Hopper said he did not think the intention was that dari.y factory workers should be less favourably placed than the workers in other industries. . . . The Magistrate reserved his decision. Annual Holiday Pay NOT FOR TARANAKI WORKERS. A MAGISTRATE’S DECISION. i NEW PLYMOUTH, pril 22. A decision on a point of industrial aw affecting dairy companies through, out’the Dominion, t 0 an estimated ex. tent of upwards of £30,000 annually in the payment of wages to the factorv employees was made by Mr W. H. Woodward. S.M., at Stratford Cou.t in an action brought by the Inspector of Factories against the Cardiff Co-op. Dairy Company. The. Magistrate upheld the Company s contention that a clause in the 1930 award, providing for three weeks’ holi. day on full pay (or a proportionate period according to length of employment) at the termination of an cmployec’s .services, was not, under the provisions of the Finance Act, 193.6, applicable to the agreement made in 1934, and still in force. Had the' decision been against the Company, the dairy industry would have been obliged to pay £5,000 to the factory employees in Taranaki alone, this season. The case was regarded as a test ease.