BREACHES OF AWARD

Southland Times, Issue 23229, 18 June 1937, Page 8

BREACHES OF AWARD

Contractor Before Court THE MAGISTRATE’S , COMMENTS (United Press Association) WELLINGTON, June 17. “This case shows the elasticity of awards,” said Mr J. H. Luxford S.M., in giving judgment in the Magistrates Court today against Michael Gordon Templeton, a contractor, who was prosecuted by the Labour Department for alleged breaches of the New Zealand Carpenters’ and Joiners Award, 1935. The department claimed £2O on each of two counts of employing carpenters on suburban work during 19db and failing to pay for the time occupied in conveying them to and from the work, situated more than two miles and a-half from the Te Aro post office, and £lO on one count of failing to pay the full amount of travelling time. The defence was that the employees agreed to waive their right to travelling time in consideration of defendant’s granting a fee for transport, a 10-minute break for morning tea and two hours’ pay on days when work was not started. . “The position about the 10 minutes break is unfortunate,” said the Magistrate. “It was undoubtedly given by defendant with the very best intentions. Perhaps it is better that awards should be inelastic. Yet no matter how good the intentions of an employer may be he is not entitled to set off one period of time against another. All the men concerned travelled at times in addition to the working hours and were not paid. Therefore the defendant is guilty of a breach of the award.” A nominal penalty of 1/- on each count was imposed, the breach being held not flagrant.