ARBITRATION COURT

Otago Daily Times, Issue 15183, 30 June 1911, Page 5

ARBITRATION COURT

SITTING IN WELLINGTON. (Per United Press Association.) WELLINGTON, June 29. The Arbitration Court continued its sittings here to-day. 11l the carpenters' dispute, which was commenced yesterday, Mr Grenfell (representing the employers) opposed the men's demands. He said it was a general complaint among the men that work was not constant,'yet now they sought to further limit their earning opportunities. A week of five days would be a calamity to the men. He said that apprentices were inclined to malinger, knowing that the employers had 110 power to-deduct pay for time lost. In regard to preference, the employers had been delayed repeatedly through having to run to the union office to examine the employment book before taking a man on. The President said there were only 30 or 40 non-unionists in the trade. Anyone who said, under these circumstances, that getting union men involved a, delay must be drawing on.his imagination. , Mr Grenfell said the employers suggested a clause which would require tlw observance of preference when unionists and non-unionists presented themselves for employment at the same time. Evidence having been taken, the court intimated that it would take time to consider its decision. The Conciliation Council stated a case for the ruling of the court as to whether masters and mates of vessels could nipply to the court as one body for an award, or mint make separate application. After hearing argument by Mr Weston (for the shipowners) and Mr Herdiman (for the Merchant Service Guild), the court reserved its decision. Alfred Abraham Bate, a labourer, claimed £386 from Joseph Heal, contractor. as compensation for injuries through falling down the hold of the steamer Rimutaka, and suffering injuries to his head and neck and internal injuries. ,is a re. suit of which lie now suffered from neurasthenia. The question in dispute was the extent of the claimant's injuries.; After hearing evidence, the court assumed that Bate's incapacity would continue for two years, and awarded a- lump sum of £200, in addition to £72 already paid in weekly payments, with costs (£7 7s) and disbursements.

OBSERVANCE OF HOLIDAYS. :PEI! United Press Association.) WELLINGTON, June 29. At tlio Arbitration Court to-day the Labour Department proceeded against Wardeil Bros., grocers, of Wellington, for an alleged breach of the grocers' award in respect to holiday overtime payment. Having given their employees a holiday on the King's Birthday (June' 3), the master grocers did r.ot pay them overtime for work done on the afternoon of Wednesday, May 31, which, under ordinary circumstances would have been observed as the statutory half-holiday. Owing to a difference of opinion as to the construction to be placed on the provisions for holidays the department brought a test action against Wardeil Bros., who were charged with having failed to pay an assistant overtime rates for working on the statutory half-holiday. Mr M Bolland appeared for the department, and Mr T. S. VVestoii for the employers. His Honor asked if the department was not going to be represc-nted by counsel. Mr Bolland said the department considered the question such a plain one that tliey did not deem it necessary to employ counsel.

His Honor: It ifiight turn out anything but plain. It is not fair to ask the inspector to come here and argue at all. Mr Bolland said he did not intend to argue, but merely to diaw .the attention of the court to the award. It would very likely be brought forward that it hail been the custom in the .trade to work the einon the half-'noliday when the general holiday occurs in' tlv: same week and riot pay them for it.

Mr Weston said the oosition wag that tli e grocers' assistants had been in the habit when one of the holidays granted by the award took placo to work on the weekly half-holiday, or in other words to follow the act. Under the Shops and Offices Act, :f the general holiday was observed the workers were not entitled to the usual half-holiday, and it was not observed during that week. The whole tiling turned on the meaning of the words "statutory half-holiday" in the awrad. The custom had been to follow the act. The custom since 1902 had been to read the provisions of the award as allowing the employer to work the ordinary weekly half-holiday. Under the Shops and Offices Act, when a general holiday occurred in any particular week, the employer was entitled to exact 52 hours' work from the employees.

Mr Bolland said that under the award the employers had 10 arrange the work on four days of the week between 8 a.m. and 6 p.m. and on th>> half-holiday between 8 a.m. and 1 p.m. If the defendant committed any breach of the award it was' by not fixing the hours in accordance with clause 1 of the award.

His Honor said the court would take time to consider its decision.