CLAIM FOR OVERTIME

Chronicle (Levin), 11 May 1946, Page 4

CLAIM FOR OVERTIME

BtJS DRIVER'S ACTION FAILS A claim for £44 2s 9d overtime allegedly due was heard by Mr. A. M. Goulding, S.M., in the Levin Court yesterday. Plaintiff was G. W. Cundy, for whom Mr. J. Todd appeared and defendant was Watts Motors, represented by Mr. N. M. Thomson. It was ad'mitted by plaintiff that his actual daily hours of work had' not exceeded those prescribed by award,. but he contended that he had worked those hours in a space of 171 hours in one day per v/eek, whereas the award provided that the daily hours of work had to be performed in a span of 13 hours. Plaintiif contended that he was entitled to overtime fates of pay fof all hours by which the span had been exceeded, irrespeetive of the number of houi-s actually worked w'ithin that span. Mr. Thomson, for the defendant company,. submitted that overtime was payable only for hours actually worked', and that if the daily span had been exceeded then the only liabi'li-ty of the defendant was for a penalty for breach of award and not for a eivil claim for overtime. His Worship, in giving judgment, stressed the use in the overtime provision of the word "worked," and held that no civil claim for overtime' was maiiitainable by Cundy.' Judgment was accordingly given for --Watts Motors, with costs amounting to £3 3s.