SOUTH OTAGO

Otago Daily Times, Issue 23327, 20 October 1937, Page 16

SOUTH OTAGO

BALCLUTHA Judgment Delivered The reserved judgment of Mr H. J. Dixon, SJML in the case in which the inspector or awards (Alfred Charles Barnes) claimed from James Forrester, jun., a baker, of Kaitangata, a penalty of £lO for breach of the Otago and Southland industrial district bakers and pastrycooks and labourers' award, land £lO for failing to keep a wages and time book in the f prm, was delivered yesterday through the clerk of the court at Balclutha. The case was heard on September 29. , The judgment stated that the evidence showed that the defendant employed E. Richardson mainly as driver of his delivery van, but the man did work about the bakehouse which would ordinarily be done by a baker s labourer. The defendant was a party to the bakers* award, but by some oversight was not a party to the drivers' award. Richardson was paid a wage of £2 a week at first, and this was raised to £2 ss, and then to £2 -\ 10s. The defendant contended that j Richardson was merely filling in time when about the bakehouse. _ "I do not think this correct," Mr Dixon stated. " The defendant, when seen by the inspector in March, pro- I duced a wages and time book, and \ said his baker had just started. Richardson stated that he had been asked to sign this as receiving : a wage much larger than he was getting. "Richardson would be employed about the bakehouse from eight to 10 hours a week. In an interpretation of the Auckland Engine Drivers' award It was held that a man employed a day a week on higher paid work must be paid the weekly wage for that work. •■ In an interpretation of the Auckland dairy employees' award it was held that a boy employed on occasions to deliver milk w.as occupied a substantial part of his time at that work, and was entitled to a full weekly wage, even though his duties were principally those of a farm hand. A weekly wage is fixed in the present award. The fact that the defendant now does without a man does not affect the position, nor does the fact that the defendant was not then bound to pay award wages to Richardson as a I hold that Richardson was occupied a substantial part of his time as a baker s labourer, and was entitled to the wage fixed by the bakers' award. It was admitted that the defendant was allowing the driver to stay on until he could find another job. Under the circumstances I fix the penalty at 5s on each of the two claims. Judgment will be for the plaintiff for 10s and witness's expenses (£1 10s)." Swimming: Club The annual meeting of the Balclutha Amateur Swimming Club, held last night, did not proceed to the election of office-bearers owing to the apparent lack of interest. Instead a committee of seven was set up to decide whether the Borough Council should be asked to take over the baths or whether the club should carry on. The committee is to meet next week and draft a scheme to put before the council. The club is in quite a sound position financially.