WORK ON SUNDAYS

New Zealand Herald, Volume LXXIV, Issue 22853, 7 October 1937, Page 16

WORK ON SUNDAYS

PAY IN TRAM SHEDS CLEANERS AND ADJUSTERS QUESTION FOR FULL COURT DEFINITION OF FACTORY [BY TELEGRAPH—PRESS ASSOCIATION] WELLING TON, Wednesday Whether the Wellington City Corporation's tram shed at' Kilbirnie is a factory within the meaning of the Factories Act was a question for consideration of the Full Court in an appeal being heard from the decision of Mr. W. F. Stilwcll, S.M. The information was preferred by the respondent, Percy Henry Kinsman, inspector of factories under the Factories Act, against the appellant, tho Wellington City Corporation, that on or before February 1, it being the occupier of a factory as defined by the Act, employed a workman as a tramcar adjuster at the Kilbirnie tram sheds in a factory in which work is regularly performed on Sunday, and failed to pay this workman double the ordinary rate of pay for the time so worked. Tho corporation was convicted by the magistrate and ordered to pay costs, but no penalty was imposed as tho case was in the nature of a test.

The corporation contends that this decision is incorrect in law. Other Cities Affected

Counsel for appellant, Mr. C. H. Weston, stated to-day that the result of the 1936 amendment to the Factories Act is that workers in a factory in which work is regularly donoJ on Sundays must be paid double rates of pay, and if the corporation's car sheds were held to be a factory then car cleaners and adjusters who work the first hour of Sunday after midnight must bo paid double rate. The decision on this'' matter, stated counsel, would affect other cities and boroughs in New Zealand, and also numerous transport concerns. The work carried out at the sheds wns cleaning, minor adjustments and replacements, but anything in the nature of repairs was carried out in the corporation's tram workshops, which were quite distinct from the tram sheds. It was not contended that the workshops were not a factory, but these were a separate establishment altogether. All cleaning and adjustment work was done in the tram sheds at night, whereas in the workshops duties were performed during the day. The car sheds had been treated not as a factory by the parties concerned until the 1936 amendment,- when the question of wages arose in this connection. Respondent's Submissions The following three main submissions were put by Mr. J. H. Taylor for the respondents:—(l) £hat the car shed in which the worker was employed was a place in which one or more persons were employed in preparing goods for trade. The place where he was employed wns ono in which one or more persons were employed directly or indirectly in handicraft. (3) That on the facts as found bv the magistrate tram sheds were brought within the statutory definition of a factory. Judgment was reserved.