INDUSTRIAL CLAIM NON-SUITED

Press, Volume XCV, Issue 28264, 30 April 1957, Page 17

INDUSTRIAL CLAIM NON-SUITED

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Mr R. P. WmagssOTi saatoiatettefi fest | to® teEfemtesto toaft to® ®w®rte finafl | tjOT femmaallDy gamvete, ®nte tost to® jpDariteiff .-stowteci lb© IWOT) ‘II sitetorfL '"Fites J saiKS to® Tft® toteuos-i toiiaQ ©«mrittuatei©m amte Aritetoaffrica Acff. iresatoreifl ® ©®©y ©ft to®! to Uae jpff’tTjtenaood. *®t teas iborai im ® -oft ©rases tom Whres® a teomw®ate iis reagutexete to be ‘Wiotemcete,” iitt ij uJiMitsff !i® tl©mtee<re<iS am ©wfenwc©., ij ?wfl fetelwe to tea totes ® ffiatadL.l 'Otoe ©ft to® ©bfferts ©ft haviimg ?©armaan iis to ©mabte ®m ®tevo-i (Cfifte to ©biireft to ©st mirgra® its vmltedliiffy <ot treJtevwcy. Award N«t

'"We mw-arte lb®r© wjss rnever ! uwtee ®m ©xtobiM., te w®s e®vot I garogresriy -ffluswiße evateemoe to to®: Owri. Agwart fftOTa. to® erteiOTS®memff ©m to® finite, ©ft fffo® teOTU-; mnenft, titere was m© evoteessre toate te, was ®m ©te&riatey prtotote by to® ©ft ILabwor, ®mte ffbere was m© evoteems®, upsm to® cteafttom to : to® mwawil '(whtote, ©ft ©wrs®. was 1 rntft to eviteemceis tone! teetomteamff < :wms a party to ®mte bommte by to®' mwaardLT’ he srite. /Tm my view, wtoaff the pteateteiff .: teiiicfl heme ffettD .sStkotH ©ft poteffto.® to® j meressatry awrd to eviiteeiiKc© s©; !;as to teusriharge to® ©amass whoeh l Ikay up©xm btoo. ®mte I fftorik ft®' ! tooulte be m©m-®mteete. .{ ' K Evem iff I have mtesdareeftete' ;j mysete ©m totes pmtotL I w ©ft to®' ( i ©ptoii©® tthaff toe pliMmitiff has: Med to prove to® breach al-1 saote toe Magtetoato. ; ( _ The teeifemteamff hate fear some | J tome experiemcete teftfficulffy to ii K getting qualified pay clerks to#

■assist toe wages clerk to maMmg ■ nip he sstete. to order to i cuff teciwn toe aumoumff ©ft work to-: volvete to caftcuhatoog to® am©umtts ■ teue for various penalty payments I [ —teirt wet, height, ante meal! money—toe defendants officers; i hate ealculaftete whaff would be a: [fair weekly payment to meel' itoere -ccnttogenciiess ante for; 'Ashburton teistriiett fixed th®* . amount aft 7te an hour, or .£1 ls> |la week. This amount hate beeni i paid to the workers, including I ‘ Anderson, each. week.

The department had argued ! that toe 7d an hour was a bonus; and that when Anderson had been' engaged there had been no agree-;! ment to include toe meal money j| in to The foreman. Dickinson J gave evidence that when he had' engaged Anderson he had told-, him that meal money was to- ! ' eluded to toe ~d an hour. "Anderson denied this but there'! are significant factors which! persuade me to accept without J any hesitation that what Dickm-; ■son says is true.” N© Claim On Time Sheets The Magistt-sle said that the ! men made out their own time; ■ sheets on which lhese claims ! should have appeared but no claim was made until after the! secretary to the union suggested.! ito the men that the defendant' could not contract itself out ofi , its liability to pay meal money.; “If the department's claim that ; the 7d an hour was a bonus pay- , ment it shouSd be remembered' . that it was a flat rate of £1 Is a , week that was paid for a full !i J week's work and that the "d an; ,| hour was _ not paid on either!! travelling time or overtime." said! hhe Magistrate. Also, no claim was ! j being made for other penal pay.iments, dirt, wet or height money. t In cross examination Anderson jhad agreed he had never thought i . of claiming the Td an hour on j overtime, holiday time, etc. “He . i acknowledged also that when he asked Dickinson about meal ‘ j money he told Dickinson Tou know you can't contract out of the award and we are going for it anyway.”* the Magistrate said. “He denied that he agreed with • Mr Williamson that it was black--1 mail and that he said he thought s he could get a little extra, but I ‘ am of the opinion that the admis- ■ sion as to blackmail deposed to Jby Mr Williamson did in fact ' take place." the Magistrate said.

*T have no hesitation, on all the facts, in coming to the conclusion that Anderson, with the other men who were employed with him. was fully aware that the 7d an hour, or £1 Is a week, was a payment to cover the contingencies, including meal money, and that Anderson accepted engagement on that basis and with that knowledge. ‘The claim is now pressed at the instigation of the union on the ’basis that there can be no contracting out, which is a different proposition altogether from the claim that the 7d an hour was a bonus. In my view the defendant company has never attempted to contract out It has paid the men. including Anderson, each week a sum which included all meal money and other penal payments which might be due,” said the Magistrate.

United States Economy Run.— The winner of the 1956 event. Mel Alsbury. was again victorious in the United States Mobilgas Economy Run over 1568 miles last week. Driving an Imperial Crown. Alsbury achieved 64.5153 ton miles a gallon or 20.9465 miles a gallon. This was the first year that women have competed in the event, and Mary Davis (Plymouth Belvedere) won the low price class at 53.6211 ton miles a gallon or 21.3907 miles a gallon.