WAGES DURING EPIDEMIC.

New Zealand Herald, Volume LVI, Issue 17274, 25 September 1919, Page 8

WAGES DURING EPIDEMIC.

PENALTY FOR NON-PAYMENT.

PICTURE THEATRE MUSICIANS.

An important judgment was delivered in the Magistrate's Court yesterday by Mr. E. C. ( Cutten, S.M., in the cases in which the managers of several Auckland picture theatres were sued in June last by the inspector of awards, Mr. G. R. A. Whiting, for alleged breaches of the Musicians' Award by not having paid their musicians wages during the four weeks' enforced closure during the epidemic. The theatres concerned were the Tivoh Queen's, Princess, and Arcadia Mr McVeagh), and the Strand, Lyric Olobe, and Everybody's (Mr. Ostler) Mr' Lightfoot appeared for the inspector of awards.

The magistrate said that from the award it was quite clear musicians were employed at a weekly rate, and must receive a week's fcotice of the termination of their service. The employees received no such notice. They were ready an willing to perform their duties, and resumed their work immediately the S7T / °P ened - T he defendants submitted that owing to the closing of the theatres performance of the contract of employment and service became im possible, and the contract was terminated In my opinion," concluded the magisIrate, there is nothing in the circumstances of these contracts of service to warrant a conclusion' that the closing of the theatres for a month constituted an inability to perform, of such a „!, that it dissolved the' cor.tr acfc ft fendants have therefore committed breaches of the award in failing to the- wages of their employees during the time the theatres were closed " g Judgment for the plaintiff for a penalty of £1 was given in each case. P ensul Y