THE GUILTY EMPLOYER

New Zealand Herald, Volume LXXIII, Issue 22401, 23 April 1936, Page 10

THE GUILTY EMPLOYER

An extraordinary clause has been written into the Factories Amendment Bill. It states that no person who is employed in any factory when the Act comes into force on June 1 shall be dismissed nor shall his wages bo reduced by reason merely of any reduction or alteration made in his working hours pursuant to the Act. More than that, the burden of proving that the dismissal or reduction is not a breach of this provision is placed on the employer. It should be noted first that the whole onus is placed on the employer. He is assumed to be guilty of an offence against the law unless he can prove his innocence, thus reversing one of the great principles of British justice. Next it should be noted that there is no time limit placed on the law's command. The employer cannot reduce the wages or dismiss any worker employed by him on June 1 at any future date without committing an offence, unless he can satisfy the Court as to his motives. The bill does not state on what grounds the employer can justify wage reductions or dismissals. It would seem, however, that it would be no defence to plead that the worker was no longer worth his place under the new conditions. Nor does it seem that the more general plea that the factory could no longer support the old pay-roll for lessened labour service would be relevant. That plea would not hold when narrowed down to the individual case. It is possible that the falling off of orders, owing to the higher price made necessary for the factory s output, might be a good defence, but a reading of the clause suggests that this is a doubtful plea. In practice, an employer might find that the only way to stop his factory working at a loss would be to close it. He is prevented from reducing labour costs in detail and may therefore be compelled to reduce them altogether. There are other possible reactions from this strange ordinance, and employers, workers and Parliament should examine it very carefully before it is finally enacted.