WORKERS MUST OBEY.

Poverty Bay Herald, Volume XXXIX, Issue 12931, 13 December 1912, Page 2

WORKERS MUST OBEY.

THE OVERTIME QUESTION

"The eihployef Is^M^all ttlese matter^ the dbmiitainfc-itontrOlline force,' 1 said Mr S.7___." McCarthy. S;M lV .'delivering judg* ment at Nkp'ier'in Ihe case of 'John Wililiams v. Barty Bos., and which went in .favor 'of the latter. ''He has to tun the [risk of loss," continued the Magistrate, • "and is, subject to, the award, entitled to control his business along reasonable lines, with- a view to ultimate pi-ofit. It is the duty of the worker, subject also to the proVisions of the. award, to' obey. In every business or falling tlieriffaiises j from • tim'e tb time ' eih^i'gencies'T.whieh I call for prompt actiiur arid 'rieiceSsitate' the working of overtime" jand when the occasion arises, it is' fo/ 1 tlie 'employer and not the worker *to r decide "whether overtime lias or has not ' -to i be worked, and if the employer bona fide arrives at a decision to work overtime, it is for the worker to -obey so long ! as the hours of overtime asked to be worked are not unreasonable and overtime rates are paid. What ( are" and what are not unreasonable hour- must depend on the particular calling and .the particular occasion, and the ' ultimate decision oni this pbint rests hot" with 'the employer; or the worker, but with the appropriate' tribunal. The necessity' for working overtime will, "in. a [well-regulated establishment, be merely , occasional. ' Wlien that necessity '; becomes .chronic one dr other of three things, or a combination of them, will have happened ,:— v( a ) ei ?_i#y liave .become -indolent or'fhdinei^aiy * "' ' ■'; (b) The' supervision and g-erieral 'man-* agement may liave become ,weak arid ineffective; and * . i .* (o) There may be need for an increase of tho staff. ■'"■ •'••■ •■■ In. any event it y;ill not be justifiable fyr an employer, merely because 'he is bound to pay overtime wages for overtime worked, to bring his employees, to the verge of /exhaustion-' by working them unreasonable hour's, on pain of dismissal. Itjß-snot the hfiw of this Dominion tliat hyman beings, whether eftM ployer or employed, may be driven like dumb cattlßr<by v ith6 stlhg of' 'the lash, in the present case tho order given was reasonable, qnd ■ ,piaifltiff'B »i*«fft_sT X'tixfi obey constituted the justification' for his «isniis#il.-; Judgnjeiit.^fill be feoorijed tl " •^ €n^ ajlt company. together- with;