LABOUR DAY PAY

New Zealand Herald, Volume LXXV, Issue 22971, 24 February 1938, Page 15

LABOUR DAY PAY

IMPORTANT TEST CASE DEFINITION OF "FACTORY" APPEAL BY EMPLOYER ■J FULL COURT TO DECIDE [Br TELEGRAPH —PRESS ASSOCIATION] CHRIBTCHURCH, Wednesday An appeal against the decision, of Mr. E. 0. Levvey, S.M., the result of which will establish an important ruling on the status of timber yard workers, came before Mr. Justice Northcroft in the Supreme Court to-day. Charles Edward Otley, manager of C. E. Otley, Limited, was convicted and fined £2 by Mr. Levvey for a breach of section 14 of the Factory Amendment Act, 1936, in that, being the occupier of a factory, he failed' to pay timber stackers and yard labourers for the Labour Day holiday. Mr. J. F. B. Stephenson, for the appellant, said the question was whether timber stackers and other men employed in a timber yard were factory workers within the meaning of the Factories Act. It was admitted there was a timber-drying kiln in the yard, but the men did not go into the kiln or into the factory. "It is a case of importance," said Mr. Stephenson, "to proprietors of timber yards throughout the Dominion, and may even extend to other industries." "If this case is of such wide importance," suggested Mr. Justice Northcroft, "might it not be desirable to refer it to the Full Court, which will be sitting shortly?" "Timber yard employers would welcome a Full Court decision," said Mr. Stephenson. "It is of very great importance to them. It is a test case and the first of its kind that has been brought. It affects not only timber yards, i but all other industries that employ yard labourers. Argument will be that a factory must be a building, not, for instance, an open field. The Act specifies an 'office, building or place,' but I will submit that a 'placa' must be held to be a building." The dispute was referred to the Full Court in Wellington.