VITAL TEST CASE.

Manawatu Standard, Volume LVIII, Issue 73, 23 February 1938, Page 10

VITAL TEST CASE.

DEFINITION OF FACTORY. PAYMENT OF TIMBER WORKERS Per Press Association. CHRISTCHURCH, Feb. 23. An appeal against the decision of Mr E. C. Levvey, S.M., the result of which will establish an important ruling on the status of timber yard workers, was heard by Mr Justice Northcroft in the Supreme Court today. Charles Edward Otley, manager of C. E. Otley, Ltd., was convicted and fined £2 by Mr Levvey for a breach of the Factory Amendment Act, 1936 (section 14), in that, being the occupier of a factory, he failed to pay timber stackers and yard, labourers for the Labour Day holiday. For appellant, Mr J. F. B. Stephenson said tlie question was whether timber stackers and other men employed in a timber yard were factory workers within the meaning of the Factories Act. It was admitted that there was a timber drying kiln in the yard, but. the men did not go into the kiln or into tlie factory. “The case is of importance,” said Mr Stephenson, “to proprietors of timber yards throughout the Dominion, and may even extend to other industries.” “If this case is of such wide importance,” suggested Mr Justice Northcroft. “might it not be desirable to refer it to the Full Court, which will be sitti'ng shortly?” “Timber yard employers would welcome a Full Court decision,” said Mr Stephenson, “as it is of very great importance to them. It is a test case, the first of its kind that has been brought. It affects not only timber varda. but all other industries that employ yard labourers. The argument will be that a factory must be a building, not, for instance, an open field. The Act specifies an office building or .place, but, 1 will submit that ‘place’ must be lieid to be a buildnig.” Mr Justice Northcroft said he would hear argument and consider later whether tlie case should go to the Full Court.