TEST CASE

Nelson Evening Mail, Volume LXXI, 21 June 1937, Page 6

TEST CASE

PIECEWORK RATES THE FORTY HOUR WEEK MAGISTRATE RESERVES DECISION [By Telegraph—Press Association] DUNEDIN, This Day. A case of considerable interest to employers and piece-workers throughout the Dominion was held by the Magistrate, Mr Bartholomew, this morning, when the Inspector of Awards proceeded against Ross and Glendining claiming that defendants had failed to pay the minimum prescribed, the contention being that piece-workers should have the rates increased by 121 per cent, to compensate for the working hour reduction to 40 hours. The inspector said this was a test case which affected the interpretation o! awards in force in September, 1936. The whole case rested on the interpretation of the words “ordinary rate of weekly wages." It was contended by the Department that to compensate for the reduced hours the basis of piece-workers' remuneration should have been increased.

Mr Paterson, for the company, claimed that piece-work was definitely and deliberately not provided for in the award. Piece-workers were under no contract to work from Monday to Friday at any stated hours. They did not work 45 hours weekly previously, nor were they working 40 now. It would appear that the workers were able to earn more now than under the 45 hour week, but to arrive at the ordinary weekly wage, wages would have to be averaged, and he defied the Department to point to any outhority which involved averaging wages over an unspecified period. The Magistrate reserved decision.