CLAIM FOR OVERTIME

Poverty Bay Herald, Volume LXIII, Issue 19132, 29 September 1936, Page 5

CLAIM FOR OVERTIME

DRIVERS’ PAY DISPUTE TEST CASE IN CITY PROTEST BY COUNSEL (Per Press Association.) AUCKLAND, this day. “This is one of the most preposterous claims ever brought before this court-, said Mr. L. Alderton, who appeared for the North Shore Transport Company in an action brought in the Magistrate’s Court yesterday bv the inspector of awards, Mr. Grieve. “It means that if it i,s upheld a man receives payment for overtime while lie is at the pictures or while asleep, and is paid at overtime rates until he finishes next day.” Mr. Grieve said the ease was brought as a test of a breach of the New Zealand passenger transport drivers’ award, it being alleged that under the award men worked daily a total of 10 hours, which could be worked within a span of 13 hours, and if a worker was called back before the expiry oi 24 hours, he was entitled to overtime payment from the expiry of the span of 13 hours until lie finally was booked off. The driver concerned commenced a shift at 4.15 p.m. on a Thursday, and worked 7$ hours. On the Friday, he started at 3.45 p.m., and ceased at 11.30 p.m. The 13-hour span had expired at 5.15 a.m. on the Friday, and it was claimed that the driver was entitled to overtime from 5.15 a.m. until 11.30 p.m. on the Friday. IMPORTANCE TO INDUSTRY Mr. Alderton submitted that, the matter was of vital importance to the transport industry. The claim, lie said, represented an attempt by a small body of workers deliberately to distort an addition made to the award to meet a position which was creating a certain amount of injustice to a section of drivers. The men on occasions were requested to report back for duty for special jobs, such as trips after the picture theatres had closed. They might have finished their ordiri ary daily span at 8 o’clock, and have to report for an hour’s work at 10.30 p.m. It was admitted by the employers that it was not fair that drivers should be required to sacrifice their whole evening merely for one hour’s work, even although it be paid for at overtime rates. It was agreed that drivers called back under such circumstances should be paid at overtime rates from the expiry of their daily span. The clause itself was quite clear, but its effect on other provisions in the award was not sufficiently appreciated.

The claims made in this instance were so preposterous and impudent that only a limited number of employees had the temerity to advance them, and some of the claims originally made had been withdrawn by reason of that absurdity. When the matter was referred to the president of the union he said bluntly that if the employees had got the employers where they wanted them, they could stay there.

The magistrate, Mr. Wyvern Wilson reserved judgment.