Labour Day Holiday

Manawatu Times, Volume 63, Issue 47, 25 February 1938, Page 9

Labour Day Holiday

BREACH OF FACTORY ACT ALLEGED STATUS OF TIMBER WORKERS 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 to-day. 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. The appellant, J. F. B. Stephenson, said that the 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 timberdrying kiln in the yard, but the men did not go into the kiln or into the factory. “This is a case of importance,” said Mr Stephenson, “to the proprietors of timber yards throughout the Dominion, and may even extend to other industries.” “If this case is of such wide’ importance,” suggested Mr Northcroft, “might it not be desirable to refer it to the Full Court, which will be sitting 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, and the first of its kind thaft has been brought. It affects not only timber yards, but all other industries that employ yard labourers. Argument will be that a factory must be a building, and not, for instance, an open field. The Act specifies an office building or place, but I will submit that the place must be herd.to be a building.” Mr Northcroft said he would hear argument and consider later whether the case should go tq the Full Court.