NOMINAL PENALTY

Evening Star, Issue 22463, 7 October 1936, Page 2

NOMINAL PENALTY

TRANSPORT DRIVERS’ AWARD BREACH HOURS CLAUSE OBSCURE fPes United Press Association.] AUCKLAND, October 6. A nominal penalty of Is was iraposed by Mr VVyvern Wilson, &.M., in his reserved judgment in an action brought in the Magistrate s Court by the inspector of awards against the North Shore Transport Company Ltd. for a breach of the New Zealand passenger transport drivers award. The case was brought as a test, as the award provided that when drivers were called back to work after having completed a daily span of 13 hours they wore to be paid until finally booked off. . “In this case the driver was on duty on Thursday from 4.15 p.m. until midnight, a period of 7j hours, said Mr-Wilson. “He resumed on Friday, at 3.45 p.m. until 11.30 p.m., and, therefore, worked more than one shift in a 24-hour day as defined by the award. It is contended that the worker was called back after having completed his daily span of hours and before the expiration of 24 hours, which constitute a day, and that he should be paid overtime. “ The clause regarding hours is obviously elliptical, lor it does not say at what rate a worker shall be paid. To that extent it is incomplete. _ Consideration, however, must be given to the fact that it occurs under the heading of overtime, and, no doubt, is intended to have reference to either of two rates of overtime provided for in another clause. If taken literally and given its widest possible -meaning the effect would be that a driver, having worked his ordinary hours for one day, that is, 10 hours in a span of 13, if called back to work on the twenty-third hour of the day instead of at the end of 24, would be entitled to overtime for the extra hour_ that he worked and also for the eight intervening hours when he was Qff duty. “ I" do not think that such a nonsensical effect was intended. It seems to me the object of the award, construed as a whole, would be better attained by another construction. The purpose of the regulation of hours and wages is to ensure just and adequate remuneration for the ordinary hours ■worked, and additional remuneration for the hours of overtime. It must be borne in mind that a contract of service is one of exchange of labour for reward, and I do not think it was intended that these drivers should be

paid for the hours when they were * sleeping or going about their own business. -1 think to make the clause consistent with the spirit of'the award its elliptical nature must be overcome by reading it as if it stated, ‘ They shall bo paid overtime for the hours worked during the period from the expiration of the span of 13 hours until they are finally booked_ off.’ That being so, the driver in this case appears to have worked half an hour overtime within 24 hours of the day which commenced at 4.15 p.m. on Thursday.”