ARBITRATION COURT.

Dominion, Volume 3, Issue 767, 16 March 1910, Page 4

ARBITRATION COURT.

BAKERS' AWARD. MAGISTRATE'S JUDGMENT RESERVED., The Industrial Arbitration Court, comprising Mr. Justice Sim (president), Mr. W. Scott (employers' representative), and Mr : . J. A. M'CuJlough (workers' representative) sat yesterday morning. . The Inspector of Awards appealed from fclie judgment of a stipendiary magistrate in the case, Inspector of. Awards t. Den-, hard.' . .- Mr. D. M. Findlay, for the appellant, sought to show that the .Wellington Bakers'. Award absolutely prohibited work between 10 p.m. and midnight. Mr, J. J. M'Grath, for the. respondent, argued that what the award was intended to prohibit was the continuance after 10 p.m. of work that Jiad been begun earlier. It did not mean that no work should be commenced between 10 p.m. and midnight. Clause 3 showed that under special circumstances the employer might start' the men earlier than the usual hour. On. the occasion in question the men suggested starting work when' they did, and it was for their own convenience. The president said that the effect of the clause of tho aw'ard was to absolutely prohibit work between 10 p.m. and mi(fnight. This was clear, becau9B provision was made for the payment of overtime up to 10 p.m., and also double pay for time worked on special occasions between midnight and the usual hour of starting, while there was no provision for overtime pay between 10 p.m. and midnight. The decision of the magistrate was wrong, and the appeal would be allowed and the case sent back to the magistrate. Costs of appeal (five; guineas) would be allowed. : . .