Kept False Wages Book

Manawatu Times, Volume 60, Issue 68, 22 March 1935, Page 8

Kept False Wages Book

OTAKI BUTCHER PAYS PENALTY A civil action under tho Industrial Conciliation and Arbitration Act, was taken by the Department of Labour in tho Alagistratc’s Court at Otaki yesterday against C. G. Pilcher, a butcher, of Otaki, claiming a penalty for a breach of the Wellington Industrial District. Butchers' award. Air. J. 11. Salmon, S.M., presided. Mr. W. 11. Cadwaliadcr, of Palmerston North, who appeared for the department, in opening the case, explained to tho Alagistratc that Pilcher was bound as a subsequent party lo tho Wellington Industrial District Butchers’ award and the alleged breach was that lie did fail to pay to Vincent John Pike and Joseph Algic Pike, employees, the minimum rates of wages proscribed by tho award.

Evidence was given by Air. Coppell, inspector of factories of t lie Department of Labour, Palmerston North, who stated that on December 5, .1934, ho was instructed to call on C. G. Pilcher in connection with the terms under which lie employed V. J. Pike and J. A. Pike. An examination of the wages book showed that V. J. Pike had signed over a period of six months at least for £4 13s 6d per week, while J. A. Pike had signed for £1 per week. Air. Rhodes, counsel for Pilcher, admitted the oll'ence as far as J. A. Pike was concerned and cross-examined Alt'. Coppell at some length.

Tho next witness was Vincent .John Pike, who stated that he was employed from June 1, 1934, to December S, 1934, by defendant and that lie was paid £2 per week, but signed the wages book for £4 .13s Gd. Wages tax, lie slated, was deducted from the £2 ho was paid and the balance of the wages tax on the full amount signed for —£4 13s 6d—was paid by Pilcher. When asked by Air. Cadwaliadcr why lie signed for more than lie received, witness stated that lie would have lost his job had lie not done so, that his father was on relief, and that it was imperative that he should have some work.

In reply to Air. Cadwaliadcr’s ques-, tion as to why his employment was terminated on December 8, 1934, witness stated that it was because lie bad admitted to the inspector that lie signed for £4 13s 6d by arrangement with defendant and received only £2. J. A. Pike was then called by t lie plaintiff and in reply to Air. Cadwaliadcr, stated that liis brother was paid £2 less emergency employment charge each week and that lie (the brother) signed

for £4 13s Gd. Witness stated that he had seen this occur on many occasions. To a further question, witness replied that on one occasion defendant paid £2 to witness and had received it and signed for £4 13s 6d on behalf of his brother. Cross-examination by counsel for defendant failed to shake the witness.

This .concluded tho evidence for plaintiif and Air. Rhodes called defendant, who denied on oath that the wages book was incorrect and stated that he paid £4 13s Gd to V. J. Pike each week.

A. Pilcher, a brother of defendant, then gave evidence supporting his brother’s statements and said that on one occasion, on December 8, 1934, he had been present when V. J. Pike was paid and swore that he received and signed the wages book for £4 13s Gd. Under cross-examination by Air. Cadwallader, witness admitted that he was not in a position to sec what ligurcs were against tho signature of Y. J. Pike and admitted that lie saw only four notes but lie did not know how much silver.

Recalled by Air Cadwailader, V. J. Pike stated on oath that tho previous witness, A. Pilcher, was not in tho office at the time he was paid on December 8, 1934, but was standing at the outer door of tho shop and could not see what was going on in the office. The Alagistrate in a lengthy summing up, gave judgment for plaintiff for £6, and expenses amounting to £4 Ss Sd. The Alagistrate remarked that while he could view with a certain amount of leniency in difficult times such as we were passing through, the payment to a' worker of less than the award rate of wages, lie could not and would not countenance tho falsification of wages books with a view to deceiving the department. No Wages Book.

Action was also taken by Die Department of Labour against J. D. Howell, liconseo of the Central hotel, Otaki, for a penalty for two breaches of tho New Zealand Licensed Hotel Employees’ award. A plea of guilty was entered by Air. Rhodes, solicitor for defendant.

Air. W. 11. Cadwaliadcr, who appeared for tho department, said that following upon complaints made by workers, an inspection mado by an official of the department showed that no wages book was kept. This was a breach of clause 15 of the award. Howell, Air. Cadwailader stated, had admitted to the inspector that lie had not paid the award rate of wages to two employees. Counsel for defendant explained that Howell could not alford to pay the award rates of wages and that he (counsel) understood that tho department was aware of tho position and was not desirous .that a heavy penalty be inflicted. Air. Cadwailader agreed, and the Alagistrate in giving judgment for £1 in each case and £1 4s expenses, remarked that while the position was unfortunate and brought about, no doubt, by the existing economic conditions, the award must be complied with.