THE SHOP HALF-HOLIDAY.
'- A deputation of shopkeepers waited upon the Minister of Labour on Tuesday aftornoon to obtain his opinion as to the correct* interpretation of certain doubtful provisions in the Shops and Shopassistants Act. The deputation, Avhich was introduced by Mr J. Duthio, M.H.E., consistod of Messrs Kirkcaldio (Kirkcaldio and Stains), J. Smith (Te Aro House), Corrigan (D.1.C.), Hannah (R. Hannah and Co.), and Wardoll (Wardell Bros.). Mr Duthio explained that the gentlemen present were desirous of obtaining tho Minister's opinion* with reforence to tho construction to be placed upon two provisions of the new Act, which were found tc be rather puzzling to those engagod in retail trade. There wero two classes of persons employed in shops who were referred to in the Act, viz, shop-assistants and office-employees, and their hours of employment woio differently regulated, a distinction being made between tho two classes. All the larger shops kept a staff of persons distinct from tho assistants, to attend to the book-keeping, and there was a doubt in the minds of shopkeepers as to whether the Act placed them in a different category from the ordinary shop-assistants. If so, much inconvenience would arise. For his own part he scarcely thought the fear that this was so was well grounded, because according to the interpretation . clause shopassistant meant " any person who works in a shop for hire." Therefore, in his opinion, the clerks who wore employed in the counting-houses of shops came under this definition. The second point was as to the operation of the new Act. It took effect from the Ist of January this year, but the fixing of the weekly half-holiday was postponed until a conference of the delegates of the local bodies of the district was held for that purpose. Consequently there was at present no fixed time for the compulsory closing. That, of-cour3o, would not remain long unsettled, but in the interim, shopkeepers were anxious to know what they wore expected to do. Mr Kirkcaldio said that tho deputation in asking information on these points were dealing with a matter of colonial and not of merely local concern. They were anxious that shopkeepers generally should be made familiar with the working of tho Act. The two points which required to be made plain were:—(l) Are our clerks to be treated in the same way as the clerks of banks and insurance offices, and on the ordinary days of the week to leave off work an hour before the usual closing time (6 o'clock), and without any option to have a half-holiday on Saturdays ? That appeared to be the reading of the Act. (2) Are we at liberty to keep our shops open until the conference has decided on what day of the week tho half-holiday is to be observed ? , THE MINISTER'S REPLY.
Mr Keeves said that as regarded this second point, of course it was rather awkward. Still his answer was distinctly in the negative. It was quite clear in his opinion that the meaning of the Act was that from the Ist of January every shop (excepting those 1 that were specially exempted) ought to close on one half-day of the week. It was equally clear that until the conference fixed the day each shopkeeper might decide for himself on which half-day ho would close his place. In the event of an information being laid against any shopkeeper for non-closing prior to tho fixing of tho day it would remain in the discretion of the Magistrate whether to impose a substantial or an entirely nominal fine. As regarded tho other point he thought he could afford the help the deputation desired. He could tell them his own opinion about the construction of this part of the Act, and what he had instructed the officers of the department to do, and what not to do. He would also obtain the opinion of tho Crown law officers on the point, so that they might know exactly whore they were. For the present he would interpret the Act in a way that would be loss harassing to the shopkeepers than the other way. Ho would interpret it to mean that all persons employed in clerical work in connection with shops were virtually shop-assistants. It seemed to him that to interpret it any other way would be straining somewhat the language of the Act. For example, take the case of a small shop, whore either the owner himself or an assistant kept tho accounts and also took part in tho work of the shop, which was not an unusual thing. To hold that because a man did some clerical work in a shop therefore ho was an office clerk and should have a halfholiday en Saturday in addition to the half-day on which tho shop closed wcmld bo ridiculous. Consequently it seemed to him, as tho office was a part of the shop, any person employed ia it must
be considered to be a shop-assistant as defined by tho Act. That boing his opinion, ho would instruct tho offtcors of the department not to interfere in any way with shopkoopers who give their clerks and other shop-assistants a holiday on tho halfday each week on which they closod their shops. Ho would take tho opinion of tho Crown law officers on the point, but in tho meantime tho Act would be interpreted in tho way he had indicated. Mr Duthio : And'supposing there should bo a difference of opinion as to the interpretation P Mr Reeves said that if tho opinion he obtained conflicted with the ono he had just explained ho would give instructions to mako public the construction placed upon tho provision in question. As for the other point, it would be only a matter of a fow days bofore tho conferonco mot and fixed the day for tho weekly half-holiday. Mr Kirkcaldio said tho conference was to moot in Wellington for this purposo on the 21st inst. Mr J. Smith remarked that in Dunedin the date for the conferonco was the 15th inst. The deputation then thankod tho Minister and withdrew. A meeting of shopkeepers interested in observing Wednesday as the statutory half-holiday was hold in tho Exchango Buildings on Tuesday, where there was a largo attendance, many not being ablo to got admission into tho room. Tho chair was occupied by Mr James Smith. * Tho Chairman said that Mr Page (Town Clerk), in informing tho committee appointed at last meeting that the City Council had fixed January 21st for the conference of delegates to decide upon tho day for tho half-holiday, had suggested that it would be well if a conference could previously bo held between the representatives of the throe different bodies who addressed the Council on the matter, with a view, if possiblo, of recommending to the Council a day which would bo satisfactory to all parties, and had stated that the Council was also Of opinion that some stops should bo taken to ascertain the wishes Of the general public on the matter. With respect to the first part of the letter, tho committee did not consider it desirable to hold a conference with those in favour of Saturday. Tho committee, however, were of opinion that it was desirable to get the opinion of the public on the question of having the half-holiday on Wednesday. Tho meeting that evening was called for the purpose of hearing what had been done in the meantime, and to get suggestions with regard to the carrying on of the work. Mr W. E. Woods said that printed forms had been supplied to shopkeepers for the purposes of getting signatures in favour of the Wednesday half-holiday, and three canvassers had been appointed who were procuring the names of those in. favour of Wednesday in a systematic manner, so that the City Council would have no difficulty iiv tracing the signatures. He believed it would be wise to put on a couple moro canvassers to canvass the country districts. Ho considered it would be vory injurious to tradespeople if Saturday wero selooted for the half-holi-day. When the work of the canvassers had boen completed they would have no difficulty in placing before |the conference good grounds for selecting Wednesday. Mr Batkin considered that as the proposal of a Wednesday half-holiday in the town h&d met with such success they might reasonably conclude that the country districts were agreeable to tho same day. Mr W. Coltman. believed they were going on wrong premises altogether. He thought it was' the duty of the City Council to select the day, and not shirk their duty by referring the matter to the rate- ' payers. Mr Thorburn was strongly of opinion that thoy should send canvassers into the country districts, so that the residents there might get guidance how to act. The Act was passed in the interests of the shopassistants, tho majority of whom were opposed to the opinions of those in favour of Wednesday. Mr Veitch. ixrintad out that tho best way to get tho work done was for the meeting to guarantee tho nocossary expenses, and appoint an executive committeo to carry out the work. After further discussion it was agreod that the country districts be canvassod for I signatures in favour of Wednesday. In answer to a question Mr Woods gave an estimate of tho cost of canvassing the , town and country districts. Mr ThorbuiTi suggested that tho meeting guarantee the amount required, and that those who wore not present could be askod to subscribo afterwards.Jf
On the suggestion of the Chairman, a subscription list was oponed, when a substantial amount was promised in the room.
On the motion of Mr Veitch, a committee, consisting of Messrs J. Smith, T. Bush, T. P. Covenoy, H. Fielder, J. Lindsay, W. Coltman and W. E. Woods, was appointed to carry out tho work sketched by the meeting. Mr Veitch said he had boen informed that if Saturday were selected for tho half-holiday over one-half of the shopkeepers in Cuba stroet would be ablo to keep open. Under these circumstances a very great hardship would bo inflicted on those compelled to close, as thoir customers would go elsewhere. Mr W. Coltman said he was tho only man in his lino of business who could koep open on Saturday if that day were selected for the half-holiday. The Act did not affect him, but he was there on principle, and he was prepared to close on Wednesday, but not on Saturday. Mr D. D. Hydo suggested that tho3o present should close on Wednesday in this woek, and that those in sympathy with tho movomont be requostod to do likewise.
This was agrood to, and it was decided to advertise the same in tho Nisw Zealand Times. The Chairman said it would bo well if the shopkeepers were to form an association
for their protection. Such an association would have nothing to do with tho halfholiday quostion, but would moroly bo an association for protecting the intorosts of shopkoopers generally. After some further discussion tho mooting concluded with tho customary vote of thanks to tho chairman.
A petition is boing numerously signed in Greytown that tho half-holiday bo observed on Saturday. At a mooting at Foilding, convened by tho Mayor, Wednesday was fixed. A petition has boon signed by somo of the Featherston storekeepers askiug that tho usual day, Thursday, may bo retained for tho half-holiday. There is, howover, a strong feeling that Saturday ought to bo the day.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/NZMAIL18950111.2.92.1
Bibliographic details
New Zealand Mail, Issue 1193, 11 January 1895, Page 31
Word Count
1,916THE SHOP HALF-HOLIDAY. New Zealand Mail, Issue 1193, 11 January 1895, Page 31
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.