WAGE DEDUCTIONS

Otago Daily Times, Issue 26772, 15 May 1948, Page 8

WAGE DEDUCTIONS

TEST CASE IN BAKERY TRADE FIVE-DAY WEEK ISSUE P.A. CHRISTCHURCH, May 14. Whether two Christchurch master bakers were entitled to make deductions from the wages of employees in respect of ordinary hours of work short of 40, arising from the union’s decision not to work on Saturdays, was argued in the Arbitration Court at Christchurch before Judge Stevens to-day. Decision was reserved. The, Labour Department claimed £6 19s Id wages for John Leonard Hathaway and £3 3s 6d for Llewellyn William Clarke from Stacey and Hawker, Ltd., and C. E. Boon, Ltd., respectively. In these cases, said Mr G. F. Grieve (for the department), the weekly wages had been reduced to one-fortieth for every ordinary working hour short of a 40-hour week. Addressing the court, Mr J. D. Hutchison, who represented both employers, said they were the two biggest bakers in Christchurch. The 1938 award of a 44-hour week had been reduced to 40 by an amendment to the Factories Act. The chairman of the Disputes Committee in 1946 had held that this did not entitle the bakers to a five-day week, and that Saturday baking must continue until the question was settled by a new award. The union had decided to stand by the five-day week. The Master Bakers’ Association thereupon gave notice that it would explicitly enforce the award, having in mind clause 3b, which authorised deductions from wages in cases of default by a worker. In a case, against the same two employers last year, Mr Hutchison added, it was held that the deductions had been properly made. A new award came into force on November 11, 1946, stipulating a' 40-hour week, but with no provision for holiday or Saturday work.

- Mr Grieve submitted legal argument that the Industrial Conciliation and Arbitration Amendment Act directed the court to make a five-day week where possible. The bakers’ award, made after the Disputes Committee ruling, did not stipulate Saturday work.

The judge said the issue before the court was simply whether the employers were entitled, under the award, to deduct wages in cases of default. “ Will the men work on Saturday? ” he asked Mr Grieve: I don’t know.

The judge: Of course you know. The union has said that it will not work.