AWARD BREACH

Grey River Argus, 11 February 1938, Page 7

AWARD BREACH

Waitresses at Races £1,500 INVOLVED. [Per Press Association]. AUCKLAND, February 9. A case stated on appeal, of considerable importance to certain caterers, was argued before the second Court of Arbitration, over which his Honour, Mr. Justice Hunter, presided. The claim was originally brought in Hamilton by an Inspector of Awards against Adams and Sons, caterers, of-Green Lane, asking for a penalty of £lO for each of three alleged breaches of the New Zealand Tearoom and Restaurant Employees’ award. Mr. S. L. Paterson, S.M., who heard the case, accepted the defendant’s contentions as substantially correct. He concluded that there had been no breach of the award and gave judgment for the defendant with an order for costs. Mr. C. P. Smith appeared to-day in support of an appeal from .this decision and Mr. Aiderton appeared to oppose it. The chief breach of the award alleged was that the defendant firm had employed a pantrymaid at the Te Rapa races in February of last year and paid her 12s 6d a day. instead of the rate prescribed by the award. The Magistrate, in his judgment, said that the defendant had paid the rate provided for casual waitresses. The plaintiff’s case was based on the proposition that the employers' premises were at Green Lane and that the work done at Te Rapa, was done away from the employers’ premises within the meaning of Clause 8 of the award. That meant the payment of £1 2s 6d for an eighthour day. The defendants said that their premises, for the purpose of the award, must be deemed to be part of the Te Rapa racecourse.

Mr. Aiderton said the case was of great importance, because if the department’s contention were correct it would involve back payments of between £l4OO and £l5OO. If that view were upheld, the Racing Club would be paying waitresses 12s 6d a day while the defendants would, be paying them £1 2s 6d. The Court reserved its decision.