INTERPRETATION

Hokitika Guardian, 13 September 1940, Page 4

INTERPRETATION

ALLEGED BREACH OF AWARD.

(l’er Press Association—Copyright).

DUNEDIN, Sep. 12. ■ Holding that no breach of tile award had been committed, Air J. Bartholomew, S.AI.; in the Magistrate’s Court to-day delivered his reserved judgment in favour of the defendant in the case in which, the Inspector of Awards proceeded against Downer and Company, Ltd., of Wellington, on a claim for £lO as penalty for an alleged breach of, the New Zealand builders’, contractors’ and general labourers’ award in failing to pay William Lyall Johnston V oveertime pay between September 23, _ 1939, and April 20, 1940. Briefly, the case rested on the interpretation of the award in its reference to country work. On September '23, 1939, a number of men commenced on 'building tunnels for the Dunedin City Corporation atWaipori Falls. They were paid on the basis of the country work clause, which provided an extra Id an hour for overtime. In the claim, ;>the chief question at issue was whether an agreement for the country clause to operate had been entered into between the employer and the employee. The work, his. Worship said, was ad- , mittedly country work as defined by the award, which.' stated that an employer might agree with any worker, that, in respect of specified country work, all time worked, in excess of the prescribed hours should* be considered overtime,' and paid for at the r rate of Id an hour in addition to ordinary rates. Evidence given for the plaintiff., suggested that it was considered that a formal agreement with the men collectively was necessary. The wording of the country provision was however, perfectly clear and simple, and a simple request by the employer, acceded to by the worker with a knowledge of the position' was all that was necessary to constitute an agreement. Was such an agreement made in the present case? The ll final effect of Johnston’s evidence was that such an agree- , ment was not disputed; so far as outside work was concerned. In view of his evidence, his plea of ignorance regarding conditions governing tunnel work could not be accepted. “The worker having carried out work under A agreed conditions,” his Worship concluded, ’’the country clause of the laward- has been complied with, and there lias been no breach of the award Judgment must therefore ho given for the-defendant company.’ "Fourteen days were allowed to enable the question of appeal to be considered by-'-the Labour Department.