Is Working Manager A “Worker”

Northern Advocate, 14 June 1938, Page 7

Is Working Manager A “Worker”

r Per Press Association.—-CopyrightJ WELLINGTON, This Day. Whether a working manager is a worker for the purposes of the Factories Act is being -argued in a case before the Full Court. Percy Smith was charged, at New Plymouth in February that, being rhe manager of lire Waitoitoi Dairy Company's factory, he allowed a worker named Sadler to be employed between August 11 and September 22. 1937, for seven days each week contrary to Section 4 of the Factories Amendment Act, 1936. That section provides that no worker shall be employed for seven days a week in a dairy factory, but it exempts any dairy factory or creamery where not mere than two workers are regularly employed. The practice of the Waitoitoi factory was to vary the number of men employed according to seasonal requirements. At the period covered by the information, the stall consisted of Smith, employed as working manager, and two other worker. Smith contended that in ascertaining whether or not there were sufficient workers to make section 4 applicable, he should not be counted -a worker. The magistrate, however, held that ho .should be, and that in deciding whether or not more than two workers were regularly employed, regard should be had only to the seasonal period to which the information was related. He was fined £2 and costs. Smith’s appeal is being heard by the Full Court, consisting of the Chief Justice, Sir Michael Myers, and Mr Justice Blair, Mr Justice Kennedy. Mr Justice Johnson and Mr Justice Fair.