Failed To Keep Time And Wages Book

Chronicle (Levin), 15 August 1949, Page 2

Failed To Keep Time And Wages Book

Lengthy legal argument was heard iby Mr. A. A. McLachlan, S.M., in the Magistrate's Court, Otaki, on Friday, when a case was brought by the Inspector of Factories against E. G. Debreceny, of Paraparaumu, who was charged with failure to keep a time and wages book. Mr. D. T. C. Brayshay appeared for the prosecution and Mr. Shayle-George represented defendant. Outlining the unusual circumstances, Mr. Brayshay said that the charge was brought under the Factories Act. Defendant was the proprietor of a bakehouse and employed a foreman, bakers and an apprentice. Workers ma'de out their own time sheets, which they signed. These were then collected and sent to an accountant in Wellington, after which a cheque for wages was sent to the employer. Meantime, however, Debreceny paid the wages out of the till. Workers were dubious as to whether they were getting their full wages and although their hours varied, there was little variation in the wages received. They arranged to open their pay envelopes together and enter the amoun't received in a book. This they did for three or four weeks and then asked their union to check their earnings. The payments received 'did not correspond with the earnings, and of six entries checked five were in favour of the employer. Discrepancies of £1 18s 3d and £1 9s ld were revealed. The Labour Department viewed the matter seriousiy and asked for a substantial penalty. For defendant, Mr. ShayleGeorge firstly drew attention to the fact that although the charge was failure to keep a time and wages book, and the period mentioned was from September to October, 1948, the charge was not instituted until February, 1949. Counsel submitted that this state of affairs put defendant at a se'rious disadvantage. He should have had notice of the charge before the end of 1948. The compu'tation of earnings by employees in the bakery business was extremely difficult, continued Mr. Shayle-George. This difficulty was added to when a strict interpretation had feund that employees had not made out time sheets correctly. The wages actually paid to three employees during the period was £188 5s 6d, which amount would show the difficulty encountered by employers and employees alike in estimating what earnings were entitled to be paid each week. He stressed that the breach was by no means deliberate. Mr. Brayshaw objected when counsel commented that the employees, who had since left, had deliberately set out to lay a trap, "It is just too stupid to assume the wages were correctly paid," replied Mr. Shayle-George. "Wage sheets are on record each week and an employee could ask for a weekly check. The remedy is simple and effective." Mr. Brayshay: They took it, too. Mr. Shayle-George concluded by stating that the Labour Department had no power to ask for a penalty. According to the charge the case was one of not keeping pay sheets, and paying in accordance with this. The peculiar circumstances were that by the time the wages were paid the employer had no record of the pay sheets. "Every man in business today is considered competent to know where he is drifting to," said the magistrate. "He could not carry on unless he knew he was financial. "It is agreed there was noi deliberate attempt to defraud the workers, but tne law throws the onus on to the employer. This is the type of oifence nobody wants to see recurring. it does not lead to the best feeling of harmony. It Is a matter for regret that the circumstances have arisen, but the penalty should be a nominal one." A conviction was entered an'd a fine of £3, with 10s costs, was inflicted.