DECISION REVERSED

Dominion, Volume 37, Issue 5, 1 October 1943, Page 6

DECISION REVERSED

Meaning Of Minimum Weekly Wage Order (By Telegraph.— Press Association.) AUCKLAND, September 30. Judgment was given by Mr. Justice Callan today’ in an appeal from a decision by the magistrate, Mr. Morling, respecting the interpretation of tlie Minimum Weekly Wage (Essential Undertakings) Order, .1912, No. 2, as affecting work al the Westfield freezing works. Walter Jlurwood, freezing works employee, was the appellant ami the West field Freezing Company respondent. Mr. Justice Callan allowed the appeal, reversing tlie magistrate's decision.

He saiil appellant, contended that in calculating lhe amount, of lhe minimum weekly wage, if any, payable to a worker in terms of the order all payments made for hours worked outside the ordinary weekly hours of the industry must, be disregarded and if in lhe ordinary working hours the minimum weekly wage was not; fully earned, then the difference between that amount and the actual amount earned during ordinary hours must be paid. The judge said appellant s contention should be accepted and that of respondent to the effect that to apply the meaning suggested by appellant, was unjustly generous to some workers ami unfair to the employers rejected as not being au argument which justified disregard of the plain and natural meaning ‘liu words nsod in t.ho orrUr.