TAIHAPE

Wanganui Chronicle, Volume 80, Issue 133, 7 June 1937, Page 3

TAIHAPE

MAGISTRATE’S COURT ALLEGED BREACTES OF AWARD An interesting case engaged the attention of Mr. R. M. Watson, S.M., at the Taihape Magistrate’s Court on Thursday when the Inspector of Awards (Mr. S. E. McGregor) proceeded against A. H. McGinniss and Son, butchers, Taihape, for alleged breaches of the Wellington Industrial District Butchers’ Award. The inspector claimed £lOO for wages and overtime allegedly due in respect of the employment of Frederick John Hand, as a small goods man between May 5 and December 23, 1936, by the firm in question. This claim was made on behalf of Hand. • The inspector also claimed an additional £5O from MsGinniss and Son, as a penalty for various alleged bleaches of the award, including failure to pay Hand award rates and overtime. McGinniss and Son were also charged with failure to Reep a wages and time book covering a specified period The case was part heard and adjourned till July 2. Mr. T. C. Kincaid appeared for defendants. Lengthy evidence was given by Hand, who alleged that he did not always receive the amount of the wages that he signed for. This statement was challenged by Mr. Kincaid who submitted that it was incredible lhat any employee would sign for wages that were not paid. Counsel told the Court that he would bring evidence showing that Hand had been paid award wages right throughout the term of his employment. Frederick John Hand said that he was a small goods man with 14 or 15 years’ experience. He had served for 10 years in the City Butchery at Dannevirke, while he had also been employed in the People’s Butchery in the same town for 25 years. He came from Dannevirke to Taihape to enter the employ of A. H. McGinniss and Son. Mr. McGinniss had told witness that wages were a secondary consideration. and that as he had a ten years’ lease of his shop, witness was practically set for a job for life. “I started with McGinniss on January 7, 1936, as a small goods man. I made practically all the small goods from the time I started until the time I finished. I never served in the shop. I started work at 6 a.m. The early start was due to the fact that I had to make sausages for the hotel breakfast, and mince meat for the bakeries. The time I had off for lunch varied from 15 to 30 minutes. On the half-holiday it was sometimes between 1.30 p.m. and 2 p.m. before I could get away. Thursday was my half-hoTiday, while Friday and Saturday were my big days. I usually ceased work on Fridays and Saturdays at about 4.30 to 4.45 p.m., though I sometimes worked until 5 p.m. on these two days. I started between 5.15 and 5.30 p.m. on Saturdays,” declared witness, who was examined by the inspector at this stage on the amount of wages he received. The Inspector: The wages book shows that for the week ending May 16 you received £4 6s. Is this correct? —No; I only received £3 10s. The Inspector: According to the wages book you received £4 6s for the week ending May 9. Did you receive this amount?—No. I received £3 10s. The Inspector: For the week ending June 6, the book shows that you received £4 6s—l didn't. I received £3 10s. The Inspector: Did you receive £5 2s 6d for the week ending July 11, as indicated by the wages book? —No; I received £3 10s. The Inspector: What, about the week ending August 8? The book shows that you were paid £5 2s 6d. — I received £3 10s. The Inspector: On August 29 the book shows that you were paid back wages amounting to £6 7s 6d from July 1 to August 28 at 15s per week. —I didn’t receive a farthing. The Inspector: The wages book shows that you received £5 17s 6d for the week ending September 5.—1 received £4. The Inspector: For the week ending on September 19 the book shows that you were paid £4 165.—1 received £4 that week. The Inspector: For the week ending December 23, 1936, the book shows that you received £4 16s.—This is correct. The Inspector: Why did you sign for amounts that you didn’t receive? I thought that if I didn’t sign I would get the “push.” The Magistrate: Were you ever told that?—No.

The Magistrate: Then you shouldn’t make statements of this kind.

The Inspector: Are you sure that x ou only received £3 10s a week up till August 13, 1936? —Yes. The Inspector: How were you paid? —By notes and silver. The Inspector: Did you ever receive payment by cheque?—W’e endorsed cheques and then they were The Inspector: Did you notice the amounts?—No, I had no time. The cheques were presented to me face downwards and I was requested to write my name on the back. I have never seen the amount on the face of the cheque. The Inspector: Why did you endorse them? —I don’t know. The Inspector: Please examine the wages book carefully and tell the Court if all the signatures purporting to be yours are really yours. Witness carried out this instruction and declared that there was not a single signature that he would deny was his, 1 hough in one case the “d” didn’t look like his. All the signatures might, be quite correct. He would not deny any one of them. Cross-Examination. Witness was cross-examined at length by Mr Kincaird and answered many questions. Mr Kincaid: You have told us that up to August. 13 you were paid £3 10s per week. —Yes. Mr Kincaid: Did you look at the book before you signed?—Not very often. I was in too big a hurry. I could not leave my work for long. Mr Kincaid: Do you ask the Court to believe that you signed the book without looking at it? —I do.

Mr Kincaid: It is Incredible. How many times did you do this? Did you sign for a whole year without seeing the book? —No, not always. Mr Kincaid: You have told the Court that you had to endorse a cheque before you received your wages. Who brought the cheque to you?—Various members of the staff, and they waited for me to sign and then took the cheque away. Mr Kincaid: If some of the witnesses say that it was sometimes two

hours before you signed, what will your answer be?—lt’s untrue. Mr Kincaid: If a certain member of the staff says that he paid the wages tax in respect of your wages into the office and gave you the balance, will you deny it?—l will. Mr Kincaid: Everybody seems to be telling lies but you?—l might be mistaken.

Mr Kincaid told the Court that evidence would be brought to show that Hand had been paid award wages right throughout the term of his employment. Hand was questioned regarding the small goods that he made. Mr Kincaid: Do you consider sausages are small goods?—Yes. r Kincai: If you only made sausages, would you consider yourself a smal goods man? —Yes. Mr Kincaid: Who made the black and white puddings?—£ did. Mr Kincaid: McGinness will say that he did. It’s untrue. Mr Kincaid: I submit that between May 5 and July 4, 1936, no small goods were made on the premises except sausages—No. Mr Kincaid: McGinniss was buying smal goods from Wanganui during this period. Do you think it reasonable that he should buy half his small goods from Wanganui and at the same time employ a highly paid small goods man?—What 1 saia is true. Mr Kincaid: By whose Instructions did you start work at 6 a.m.?—McGinniss’. Mr Kincaid: Did he tell you to start at 6?—He told me to come down to the shop at 6. Mr Kincaid: Will you swear it?— Yes.

Mr Kincaid: What did you do at 6 a.m.?—l got the copper going and put the meat on. I set the fire before I left at night. Mr Kincaid: Suppose McGinniss says that he never arrived at the shop before 6.30 and that you didn’t start till 7 a.m.?—lt’s untrue. Mr Kincaid: You are a heavy smoker, are you not?—l smoke a good deal. Mr Kincaid: I suggest that you spent the time between 6 a.m. and 7 a.m. smoking.—l eny it. Mr Kincaid: With regards to the hours you worked. I will bring witnesses to say that at no time did you work after 4.30 p.m. before the new legislation, and after 4 p.m, after the new legislation.—l say that I did and I can prove it. Mr Kincaid: Do you remember McGinniss sending you home once because you were standing about the place yawning?—No. Mr Kincaid: Can you say on what occasion you didn’t receive a halfholiday?—l received all my halfholidays from May 5 onward. Mr Kincaid: Who told you to work on the Sunday before Christmas?— McGinniss. Mr Kincaid: H will deny it. Witness was re-examined by Inspector McGregor, who asked him if it Was true that he made practically all the small goods up to September 13?

Witness: Yes. The Inspector: After that date an arrangement was entered into between McGinniss and a Wanganui firm whereby McGinniss received fa certain quantity of small goods?— Yes.

The Inspector: What time did you cease work on half-holidays?—Some-times 12 noon or 12.15. Sometimes I didn’t stop till 1 p.m. The Inspector: How often did you sign the wages book?—I seldom signed weekly. Sometimes a month passed before I signed. At this stage the case was adjourned till lhe next silling of the Court. 1