Shilling Fine Imposed

Manawatu Times, Volume 61, Issue 237, 7 October 1936, Page 5

Shilling Fine Imposed

In Breach of Drivers’ Award

COMPUTING OP OVERTIME Per Press Association. AUCKLAND, Last Night. A nominal penalty of one shilling was imposed by Mr. Wyvern Wilson, S.M., in a reser-cd judgment in an action brought in the Magistrate’s Court by tho Inspector of Awards against tiho North Shore Transport Company, Limited, for a breach of the New Zealand Passenger Transport Drivers’ Award. The case was brought as a test as the award provided that when drivers were called back to work after having completed their daily span of 13 hours they were to bo paid until finally booked off. ’ “In this case the driver was on duty on Thursday from 4.15 p.m. until midnight, a period of 7| hours," said Mr. Wilson. “He resumed on Friday at 3.45 p.m. until 11.30 p.m. and therefore worked moro than one shift in a 24-hour day as defined by the award. It is contended that tho worker was called back after having completed his daily span of hours and before tho expiration of 24 hours which constitute a day and that he should be paid overtime. The clause regarding hours is obviously elliptical, for it does not say at what rato the worker shall be paid. To that extent it is incomplete. Consideration, however, must bo given to the fact that it occurs under tho heading of overtime and no doubt is intended to have reference to either of the two rates of overtime provided for in another clause. If taken literally and given its widest possible meaning the effect would bo that a driver having worked his ordinary hours for one day, that is 10 hours in a span of 13, if called back to work on the twentythird hour of the day instead of at tho end of the twenty-fourth, would be entitled to overtime for the extra hour that he worked and also for the eight intervening hours when he was off duty. I cannot think that such a nonsensical effect was intended. It seems to me that tho object of the award construed as a whole would be better attained by another construction. “Tho purpose of regulation of hours aud wages is to ensure a just and adequate remuneration for tho ordinary hours worked and additional remuneration for the hours of overtime. It must be borne in mind that a contract of service is one of an exchange .of labour for reward, and I do not think it was intended that these drivers should be paid for the hours when they were sleeping or going about their own business. I think to make tho clause consistent with the spirit of the award its elliptical nature must be overcome by reading it as if it stated they shall bo paid overtime for the hours worked during the period from the expiration of the span of 13 hours until they are finally booked off. That being so the driver in this caso appears to have worked half an hour overtime within tho 24 hours of the day which commenced at 4.15 p.m. on Thursday.”