SUPREME COURT

Otago Daily Times, Issue 23517, 4 June 1938, Page 7

SUPREME COURT

TRAM COMPANY'S APPEAL

DECISION DELAYED

In the Supreme Court yesterday morning his Honor Mr Justice Kennedy was engaged in the hearing of an appeal against a decision given in the Magistrate’s Court when judgment was given in favour of an employee of the company who had proceeded against the Dunedin-Kai-korai Tram Company on a claim for back wages under an industrial agreement. The appellant company was represented by Mr A. C. Stephens, and the respondent, R. Forsythe, by Mr F. B. Adams, acting under instructions from the- inspector of awards. Counsel for the appellant submitted that it was a test case which affected 16 employees of the company, and involved the sum of £I6OO in wages.

The facts of the case are that before the introduction of the 40hour week the men employed by the company worked an eight-hour day and were paid 2s an hour. On application being made under the 1936 Industrial Conciliation and Arbitration Act, the Arbitration Court directed that a 40-hour week should apply. Nothing was said, however, about the daily hours of work, although work on Saturdays was permitted. The company had then proceeded to work a six-day week of 6 2-3 hours daily, the men receiving the same wages as when they worked a 48-hour week. The men had objected and claimed an eight-hour day for five days a week. When the matter was referred to the Court of Arbitration the court ruled in favour of the claim By way of a test case one of the .men sued the company, claiming arrears for wages, and said that the employees were entitled to an eighthour day under the award on every day that they worked. In effect, the claim was for an extra day’s pay per week during the period that the lower working hours were observed. Later, when the claim had been heard before a magistrate it was upheld, and the company launched an appeal against the decision. Counsel for the appellant submitted that the decision was wrong in law and jurisdiction.’ After hearing lengthy legal argument his Honor intimated that he would deliver his decision in writing, and the court adjourned until 10.30 on Tuesday morning.