RIGHT TO HOLIDAY

New Zealand Herald, Volume LXXIV, Issue 22852, 6 October 1937, Page 16

RIGHT TO HOLIDAY

" DISMISSED WORKER

QUESTION FOR APPEAL COURT

[nv telegraph—press association] "\VF,LLIXC. TOX. Tucsday

The Court of Appeal was to-day engaged in hchring a case stated by Mr. Justice o'Regan for its opinion on questions of law. The inspector of factories, New Plymouth, brought an action for a penalty of £lO for an alleged breach by the Cardiff Co-operative Dairy Company. Limited, of Taranaki, of the creameries, cheese and butter factories employees' industrial agreement, 15)34, as allegedly altered ot amended by part two of the Finance Act, 1936. It was claimed that when the company terminated a worker's employment it failed to allow him a proportionate amount of holiday 011 full pay. as provided for in the award of 1930.

The questions for the opinion of the Court of Appeal are: (1) Whether under and within the meaning of section 15 (3) of the Finance Act, 1930 (which restored IO.'H rates of pay) tlie industrial agreement of 1931 is in substitution or replacement of the award of 15)30; (2) if so, whether the worker, by virtue of section 15 (3) is entitled to holiday pay provided for in the award of 1930. The Court reserved its judgment.