FIREMEN IN MEAT WORKS

Dominion, Volume 11, Issue 125, 13 February 1918, Page 8

FIREMEN IN MEAT WORKS

IMPORTANT JUDGMENT . A judgment of some importance to those engaged in the meat freezing industry was delivered' by Mr. S. E. M'Carthy, S.M., in the Magistrate's Court yesterday. On February 5 John Henry Adams proceeded against the Wellington Meat Export Company, Ltd:, to recover £1 11s.' 7d., balance of Wages alleged to be due for work and labour in terms of an industrial .agreement to which both the plaintiff and tho defendant company were parties. The plaintiff, said the judgment, was ' a fireman 'employed in the company's engino-room. His rate of wages were 11s. per day, paid weekly, and his engagement was terminable by twentyfour hours' notice on either side. These terras applied to all the defendant company's firemen, and for many years past firemen in the meat export industry in the industrial, district of Wellington worked Sundays as well as week' days. For this no overtime rates have ever been paid, though a full day's wage was payable for Sunday's work even if eight hours had not been worked. This practice was well known to all concerned in -the industry—employers and workers—and had become customary. The practice had, in fact, be-come-a trade custom. Sunday labour was a necessity in tho meat export industry, and firemen, to meet this particular position, were paid special rates of wages., During tho continuation of his employment 'with the. defendant company, the plaintiff, without success, continuously protested to tho defendant company, its-manager, and its engineer, as well as to tho Inspector of 'i Labour, that he was overtime ratrs in respect of "his Sunday labour. His Worship then referred to the award, and stated that tho engineroom employees, including the firemen., had always been regarded as permanent hands, that is that class, o£, worker was kept employed continuously throughout the. year, though individual emplos'ces could themselves determine, and were liable to have determined, their employment by twenty-four hours' notice. ''It.must not/bo overlooked," continued the Magistrate, "that awards and industrial agreements make provision for wages and conditions of working in respect of industries, in connection with which many trado customs have grown up, and these awards and agreements must be interpreted, in ■ tho absence of express provision to /tho contrary, in the light of these customs. In other words, unless the award- or industrial agreement is inconsistent with the custom, the custom prevails."

_ The Magistrate held that the plaintiff was entitled'' to. recover in respect of Sunday labour as if ho had worjtcd eight hours irrespective of the fact that the actual time worked was less thaii eight hours. The defendant company had paid into Court the sum .'of 4s. 2d. to meet this position, and judgment was given for plaintiff for that sum with costs on that scale. Plaintiff was not entitled to overtime, rates in respect of Sunday labour. In .respect. of the balance of the. claim, judgment was given for defendants with costs 425., and the judgment concluded with the following: "I certify that the decision of this action involved a difficult/point of law, and that the question litipated is of importance to employers, and workers in the meat export industry." ■ • Mr. P. J; O'Regan appeared for plaintiff, and Mr. H. E. Evans for the Wellington Meat Expo'rfc Co.