DECISION REVERSED

Wanganui Chronicle, Volume 87, Issue 234, 4 October 1943, Page 6

DECISION REVERSED

FREEZING WORKERS’ APPEAL (P.A.) Auckland. Sept. 30. Judgment was given by Mr. Justice Callan to-day in an appeal from a decision by the magistrate, Mr. J. S. Morling, respecting the interpretation of the Minimum Weekly Wage (Essential Undertakings) Order, 1942, No. 2 as affecting work at the Westfield freezing works. Walter Harwood, freezing work' employee, was the appellant and the Westfield Freezing Company respondent. Mr. Justice Callan allowed the appeal, reversing the magistrate’s decision. He said appellant contended that in calculating the amount of the minimum weekly wage, if any, payable to a worker in terms of the order all payments made for hours worked outside the ordinary weekly hours of the industry must be disregarded and if in the ordinary working hours the minimum weekly wage was not fully earned, then the difference between that amount and the actual amount earned during ordinary hours must be paid. The Judge said appellant's contention should be accepted and that of respondent to the effect that to apply the meaning suggested by appellant was unjustly generous to some workers and unfair to the employers rejected as not being an argument which justified disregard of the plain and natural meaning of the words used in the order.