GAP IN THE LAW

Poverty Bay Herald, Volume LXIII, Issue 19122, 17 September 1936, Page 9

GAP IN THE LAW

MILK DISTRIBUTION EMPLOYEES’ CONDITIONS COURT RULING- SOUGHT \(Per Press Association.) CHRISTCHURCH, last night. Ail apparent gap ia. the law presented a. problem to the Magistrate, Mr. E. C. Levvey, in the court to-day when charges under the Shops and Offices Act affecting the employment of assistants and milk roundsmen were brought, against several of the larger milk vendors 'who employ labour and control fairly large establishments.

The magistrate held that the premises in which the defendants carried on business could not be classed as factories, nor were they shops, lie thought, rather that the. legislation was lacking in any provisions specifically covering them. One establishment in which milk was regularly pasteurised lie held to he a factory. The magistrate formally dismissed one charge and adjourned tbe others sine die to allow the Labour Department to consider whether it would carry the matter further.

It was stated during the hearing that the decision in tho cases would be of the greatest, importance in the milk-vending business in the city.

One of flip defendants, in evidence, said flint, nnk-ss Urn position of large businesses could be clearly defined, the distribution of mills would be forced back entirely on to the individual roundsmen, who employed no labour. The charges were of employing men in excess of 48 hours a week and failing to pay overtime; employing men as shop assistants and failing to pay them overtime for extended hourg,; employing men for'more than five hours continuously without an interval of at least one hour for a meal; employing men before 3 a.m. ; and failing lo allow employees a holiday from 1 p.m. on one working day.