AN ARBITRATION APPEAL.

Poverty Bay Herald, Volume XXXVII, Issue 12698, 16 March 1910, Page 5

AN ARBITRATION APPEAL.

(Per.. Press Association.)- ■ WELLINGTON, this day. The Arbitration Court-.'yesterdaj-' heard the case of the inspector of .Awards' v. Denhard; an'rappeal from' a • \> judgpient m respect -of am '-alleged breach of the bakers' award. Mr.D. M.^Eindlay, who appeared for the -'Inspector ol' 'Awards, stated the circumstances. . .Defendant, a baker carrying on . bniainess m Wei---lington w.is charged, that 'mi December 23 he worked certain men between the hours; of 10 p.an.7and lnidhight. \ This., it was alleged, was an infringement .ot clause 9 cf the awdrd , which provide:-, 'that lid work .should lift d^ne between the hours of 10 p.m. and' "rhidiught, except on hot-cross ..bun*' nights, when double rates must be paid.- The-ques-tion was whether the clause provided for absolute prohibition ol work, between the hours under review. The Magistrate said, in" '.his' judgment,' that ciause 9 did not apply m this -case,, and th.U plaintiff could not succeed. Mr J. J. McGrath, for defendant, agreed thai the point to be decided' was'- as' to whether clause 9 absolutely prohibited work between .the hours' of 10 'p.rii. an 1 midnight. He contended that that clause referred to overtime, and nothing else.;'; If an employer worked hi* men during the day and up to 10 p.m., he was quite .entitled to rest from labor. After the work must' clearly ; refer to overtime, and" overtime' which was continuous with work done diiring the day. He submitted that there -Was.' no breach of clause 9. As a matter of fact, the Arcrk en the night of the 23od '"' December was done at-the' men's suggestion. After oansultation , with his ocllea.^ues. In* Honor said that 'Uhe jCourt hud decided that the effect oi clause -9" was -to prohibit all work- -..between the hours of 10 p.m. and midnight. The language of the clause made this quite clear? The Court decided that the Magistrate's decision: was wrong-, and directed that the case be se^nt . back to him to deal with as he. thought fit. Costs of (appeal; AVere fixed at £55 5., 7 7'