PAYMENT FOR SHIFT WORK

Nelson Evening Mail, Volume LXXIII, 10 December 1940, Page 2

PAYMENT FOR SHIFT WORK

QUESTION FOR JUDGES FULL COURT TO SIT IN DUNEDIN [United Press Association) DUNEDIN, 9th December. On 22nd November Mr Justice Kennedy gave a judgment on a case of importance to industry in the Dominion. The point which His Honour had to decide was whether a firm which in order to fulfil its orders decides to employ another shift has to pay the workers on the day shift an extra 3s a shift. He decided that the extra 3s a shift had to be paid. In the first instance, John James Grant, wool carder, appealed against the decision of the magistrate in an action he brought against Ross and Glendining. Ltd., in the Magistrate's Court, for extra payment for shift work under the terms of the Woollen Mills Labour Suspension Order, 1940. The magistrate dismissed the claim. His Honour, on the other hand, upheld the appeal. During the course of his judgment His Honour said : "It may seem anomalous to some that the worker should receive an additional 3s a shift simply because another set of workers is doing the same work within the period of 24 hours, and that if defendant company discontinued the night work plaintiff would cease to be entitled to the 3s extra a shift and that before the suspension order night work might be carried on under the award. These considerations, however, cannot prevail against the terms of the order.” Ross*and Glendining had given notice to appeal to the Appeal Court against this decision, but as another case on similar lines with a different plaintiff is set down for hearing it has been agreed that this action should be brought before the Full Court, which will consist in this instance of the Chief Justice (Sir Michae* Myers). Mr Justice Kennedy and another judge, probably Mr Justice Northcroft. The Court will sit in Dunedin on Wednesday week. The parties have agreed to accept the decision of the Full Court as conclusive and it will then not be necessary to take any further proceedings before the Appeal Court. It is understood that advantage will be taken of the sitting in Dunedin to hear a Christchurch case arising out of an award. This will be the first occasion, it is believed, of a sitting of the Pull Court in Dunedin.