AWARD HOLIDAYS

New Zealand Herald, Volume LXIX, Issue 21278, 3 September 1932, Page 11

AWARD HOLIDAYS

FEMALE BOOT WORKERS COURT DEFINES POSITION A question of interpretation of the Dominion Boot Operatives' Award, recently referred to the Arbitration Court by the inspector of awards, has now been decided by the Court. Tho question concerns the dismissal of female operatives prior to Christmas and their reengagement after the holidays. Female operatives were given notice, to take effect on December 19, 1931, that their services were to be terminated as from the completion of work for that day. They were re-engaged when the factory reopened after the Christmas holidays, and at the time of tho termination of their services they understood that they would bo so re-engaged. Tho question was, were they entitled to bo paid for Christmas Day, or for the whole period between closing and reopening of tho factory, and in tho case of workers not re-engaged, was payment duo for Christmas Day'!

These workers had worked on 20 days during the four weeks immediately preceding Christmas Day, but the question was raised as to whether Saturday, on which four hours only were worked, counted as a day or a, half-day in computing the 20 days' qualifying period. The Court's judgment was that if the workers were given notice of dismissal in such a manncj. - as to make it clear that the engagement was not terminated, and that they would resume work, without any real re-engagement, after the holidays, the dismissal was not a genuine dismissal. It wps purely a question of fact whether the dismissal was bona fide. If it was bona fido no obligation would exist, except in the case of those workers who had qualified for payment for Christmas Day.

The Court was of opinion that if the dismissals wero not bona fide the answers to the questions should bo Yes, but in respect of Christmas Day the answer would be No if 20 days had not been worked during the four preceding weeks. The Act did not say "on" 20 days, but "for" 20 days. Saturday could therefore count only as a half-day, and if this resulted in the total number of days being less than 20, the answer must be No.