COURT OF ARBITRATION.

Dominion, Volume 2, Issue 437, 20 February 1909, Page 7

COURT OF ARBITRATION.

' INTERPRETATION OF AWARDS. ;Li-^Answers.-to; two questions arising in different awards have been given by /Mr. Justice Sim, President, of the Court' of Arbitration, as follow:— : ■ COOKS' AND WAITERS' AWARD. , , .Clause 1 :The following shall be the minimum .weekly rates of pay for the following classes of • workers in. hotels: Waiters—Where only, one waiter is. employed ho shall be paid the minimum wage of :305.. . . Question: A' man is employed at the hotel as a mesa-room waiter.';" Hp is required to wait solely upon his fellow employees at their meals in the mess-room.. ;: Is. suoli worker to be classed as a waiter, within the meaning of the award?

■. Answer: .The workor iii question is: not a waiter within tliq meaning of' the award. TYPOGRAPHICAL AWARD. ; , ■/. . 'Clause .3:. Any operator; or ; apprentioo ■ required to work on Christmas .Day or Good Friday shall be paid at double rates, and, if: required to work on. New Year's Day or Labour Way, shall be paid at time and aitalf rates, or at a corresponding; rate, for piecework.. If holidays arc given all operators shall bo paid for them at time, rates,. In the case of a morning paper the . evening preceding each of the above holidays shall be reckoned the holiday. . , . .Question: Having regard to tho words "all operators" in the provision directing .that if a specified. holiday is observed "all operators shall be paid for'them at time rates. Is not a, piece-worker entitled to this payment when he gets' the, holiday, and correspondingly to a; day's wages at the minimum prescribed time fate in addition, to the rate and a half at. piece-work scale, if required-to work on such holiday? ' • Answer: A.piece-worker is entitled to be, piiid only for work done by him. If he does not work on any speoifiod holiday he is. not entitled to. any paymont in respect of 'suoh holiday.: If ho. does work, on a holiday he is ;erititled/to bo paid only the piece rate fixod by the award for work done on such holiday. The pifce-workerS) who ' worked on Labour Day. and were.: paid 4Jd. per 1000, therefore,, received all that they were entitled to.,'K|ceivei' under the award. The provision in; clause 3 of tho award whioh provides that, if holidays are given,: all operators 1 shall be paid for them.at time, rates, can apply l only to workors_ who are engaged for a definite term; .A piece-worker, when not at .work, is not. in'the service of any particular employer, and,. for the purposos of the award, .lie is only an operator whori at worlf, The, toso of a weekly hand is different. There is a contractual relation between the parties, arid on a holiday a weekly hand is an operator in the service of his employer although he may not work on that day.