DRIVERS' WAGES

New Zealand Herald, Volume LXXIII, Issue 22543, 7 October 1936, Page 17

DRIVERS' WAGES

OVERTIME CLAUSE TEST CASE DECISION ; " NONSENSICAL EFFECT " PENALTY OF I/- AWARDED ' A nominal penalty of Is was imposed b.v Mr. Wyvern Wilson, S.M., in his reserved judgment in an action brought in tlio Magistrate's Court bv the inspector of awards (Mr. Grieve') against the North Shore Transport Company, Limited (Mr. Alderton), for a breach of the New Zealand Passenger Transport Drivers' Award. The case was brought as a test, as tie award pro- ' vided that when drivers were called back to work alter having completed the daily span ot L'i hours they were to be paid until finally booked off. "In this case the driver was on duty on a Thursday from 4.15 p.m. until midnight, a period of 7J hours," said Mr. Wilson. "He resumed on Friday at 3.45 p.m. 'until 11.£>0 p.m., and therefore worked oif mere than one ' shift in a 24-hour day ns defined by the award. It. is contended that the worker was called back after having completed a daily span of hours and before the expiration of the 24 hours which constitute a day, and that he should be paid overtime. "Clause Incomplete" "The clause regarding hours is obvi- ' ously elliptical, for it doos not say at what rate the worker shall be paid. To that extent it is incomplete. Consideration, however, must be given to the fact that it occurs under the heading of overtime and no doubt is intended to have reference to either of the two rates of overtime provided for in another clause. If tiken literally and given its widest possible meaning, the effect would be that a driver having worked his ordinary hours for one day, that is, 10 hours in a span of 13, if "called back to work on the 23rd hour of the day instead of at the end of the 24th, would be entitled to overtime for the extra hour that he worked and also for 'the eight intervening hours when, he was off duty. I cannot think that such a nonsensical effect was intended. t "It seems to me that the object of the award construed as it whole would be better attained by another construction. The purpose of the regulation of hours and wages is to ensure a just and adequate remuneration for the ordinary hours worked and additional remuneration for the hours of over'tiine. It must be borne in mind that the contract of service is one of exchange of labour for reward, and I do 'not think it was intended that these drivers should be paid for the hours when they were sleeping or going about their own business. Interpretation iHven "I think to make the clause consistent with the spirit of the award its elliptical nature musi; be overcome -b> reading it as if it stated: 'They shall be paid overtime for the hours worked during the period from the expiration of the span of !13 hours until they are finally booked oif.' That being so. the driver, in this cr.se appears to have worked half an hour overtime within the 24 hours of fhe day which commenced at 4.15 p.m. on the Thursday." i