HOLIDAY PAYMENT

Wanganui Chronicle, Volume 80, Issue 300, 18 December 1937, Page 15

HOLIDAY PAYMENT

STATEMENT BY GOVERNMENT-

The attention of the Government has been drawn to the recent judgment of the Court of Arbitration in the case of Cathie and Sons Ltd. v. Inspector of Awards in which it was held that the Factories Act and its amendments are mandatory and entitle factory workers to payment for the prescribed holidays irrespective of whether they fall on a working day or not. When the Factories Amendment Act 1936, was passed, Saturday was a working day and the intention of the legislation was merely to ensure that workers would receive their ordinary weekly wage without any deduction due to’ a holiday falling on a working-

in many factory trades Saturday is now a non-working day and in such cases when a holiday occurs on a Saturday the department's view has been that the Factories Act does not require payment to be made for that day in addition to the ordinary week's wages. This view was in accordant’ with a past decision of the Court of Arbitration given by Sir francs Frazer, and was also based on .legal advice obtained by the department. The Government has previously stated that where its legislation does not have the effect that was originally intended, it would, where necessary, amend the law. The Government, therefore, proposes, when Parliament resumes its deliberations in March, to introduce if necessary an amendment to the Factories Act to give effect to the Government’s original intention as outlined above. This legislation will be retrospective in its ■ operation. It should be noted, however, that where an award requires payment to be made for a holiday irrespective of when such holiday occurs, the provisions of that award and the latest ruling of the Arbitration Court must, of course, be complied with by the em-_ ployers, whether such awards relate to factory workers or not.