NOMINAL SHILLING FINE

Poverty Bay Herald, Volume LXIII, Issue 19139, 7 October 1936, Page 5

NOMINAL SHILLING FINE

TEST OF DRIVERS’ AWARD MAGISTRATE CRITICAL “NONSENSICAL EFFECT” (For Press Association.) AUCKLAND, this day. A nominal penalty of one shilling was imposed by Mr. Wyvern Wilson, S.M.. in a reserved judgment given yesterday in an action brought in the Magistrate s Court by the inspector of awards against the North Shore Transport Company, Ltd., for a breach of the New Zealand passenger and' transport drivers awaid.

The case was brought as a testj as the award provided that when drivers were tailed back to work after having completed a daily span of 13 hours, they were to be paid until finally booked oil.

“In this case a. driver was on duty on a Thursday from 4.15 p.m. until midnight, a period of 7f hours,” said Mr. Wilson. “He resumed on the inday at 3.45 p.m. until 11.30 p.in., and therefore worked more than one shift m a 24-.houi\ day. as.defined by the award. It is contended that the worker was called back after having completed the daily span of hours, and before the expiration of the’24 hours which constitute a day, and that he should be paid overtime. CLAUSE INCOMPLETE

“The clause regarding hours is obviously ellipitical, for it does not say at what rate the worker shall be paid, lo that extent it is incomplete.

“Consideration, however, must be given to the fact that it occurs under the heading of overtime, and no doubt, is intended to have reference lo either of two rates of overtime provided for in anothei clause. If taken literally and given its widest possible meaning, the effect would be that a driver having worked his ordinary hours for one day, that is 10 hours in a span of 13.. if called back to work on the twenty-third hour of the day, instead of at the end of the twenty-fourth, would be entitled to overtime for the extra hour that be worked, arid also for the eight intervening hours when he was off duty. “I cannot think that such a nonsensical effect was intended. It seems to me that the object of the award, construed as a whole, would he better attained by another construction.

CONTRACT OF SERVICE . “The purpose of the regulation of hours and wages is to ensure a just and adequate remuneration for ordinary hours worked, and additional rcmuneiation for hours of overtime. It must be borne in mind that a contract of service is one of an exchange of labour for reward, and I do not think it was intended that these drivers should bo paid for hours when they were sleeping, or going about their own business.

“I think that to make the clause consistent with the spirit of the award, its elliptical nature must be overcome by reading it as if it stated: They shall be paid overtime for hours worked during the period from the expiration of the span of 13 hours until they are finally hooked off.’ That being so, the driver in this case appears to have worked half an hour overtime within. 24 hours of the day which commenced at 4.15 p.m. on the Thursday.”