WAGES OF YOUTH

New Zealand Herald, Volume LXXVII, Issue 23708, 15 July 1940, Page 9

WAGES OF YOUTH

BIRTHDAY DURING WEEK INTERPRETATION OF AWARD [from our own correspondent] HAMILTON, Saturday An interesting point as to whether an employee who becomes 21 during the middle of a working week should be paid for his week's work at the old rate or the new rate of pay was determined by Mr. S. L. Paterson, S.M., in a reserved judgment given in the Hamilton Magistrate's Court. In the case, the inspector of awards, Mr. E. A. Wood, proceeded agaiust Morris Stores and Motors, Limited (Mr. A. L. Tompkins), for a breach of the New Zealand motor mechanics' award.

"During the week ending February 17, 19-10, the defendant employed William Andrew Johnston as a garage assistant," said Mr. Paterson. "On February 14, .Johnston became 21 and the plaintiff claims that the defendant shoujd have paid him the award wage for a garage attendant for that week. "The rate of pay should be determined as if the contract of' service existing prior to February 14 were terminated and a new contract entered into." said Mr. Paterson. "The worker would then be entitled to be paid a proportionate part of an assistant's wage up to that date, and a proportionate part of an attendant's wage for the balance of the week.

"Both the inspector and the employer were wrong in their interpretations," said Mr. Paterson. in entering judgment for the plaintiff, without penalty. "The employer has committed a breach of the award, but, under the circumstances, it can be treated as trivial."