SHOPS AND OFFICES

Otago Daily Times, Issue 23887, 15 August 1939, Page 10

SHOPS AND OFFICES

QUESTION OF CLOSING HOURS POWERS OF INDUSTRIAL MAGISTRATE ARE DECISIONS ULTRA VIRES? (Per United Press Association) WELLINGTON, Aug. 14. The decisions of the industrial magistrate (Mr J. A. Gilmour) affecting the Shops and Offices Act are said to be ultra vires. From inquiries made to-day it is believed that the question of Mr Gilmour's power to fix the closing hours of shops in awards has been raised in official circles. The Government is understood to be taking steps to remedy the position. As an industrial magistate. Mr Gilmour has certain powers delegated to him by the Court of Arbitration, and his rulings under the Industrial Conciliation and Arbitration Act are binding. It is understood, however, that he has no power to make any decisions under the Shops and Offices Act. With the knowledge that these clauses are ultra vires, a few shopkeepers are said to be taking advantage of the unusual position, though employees are still bound by the clauses in the awards made by Mr Gilmour. There is apparently no obligation on the proprietor of a business to close his premises at the time specified in the award, provided the employees do not remain after the time stipulated for finishing work. , A case in point is the closing time for hairdressing saloons in the Wellington metropolitan area. Tobacconists' shops are permitted to remain open until 8 p.m. on ordinary week days, but according to the award saloons must not remain open after 6 p.m. It is understood that in one or two isolated cases proprietors who themselves are hairdressers are attending to customers in the saloon after 6 p.m. and after the employees bound by the terms of the award have finished work for the day. 'The question is also raised whether a magistrate has power to question the validity of an award made by Mr Gilmour, and if the clause is ultra vires whether it should not be declared so in the Supreme Court in appropriate proceedings.