RIGHT QUESTIONED
FIXING OF SHOP HOURS
TN DUSTRI AC MAG! ISTRATE
GO VET? NMENT MAY. ACT (Per Press Association.) WELLINGTON, this day. The decisions of the industrial magistrate, IMr. J. A. Gilmour, affecting the Shops and Offices Act, are said tc be ultra vires.
From inquiries made yesterday, it is believed that the question of Mr.
Cilmour’s power to fix the closing hours of shops in awards has been raised in official circles. The Government is understood to be taking steps to remedy the position.
An. industrial magistrate, Mr. Gilmour has certain power delegated to him by the Court of Arbitration, and his rulings under the Industrial Conciliation and Arbitration Act are binding. It. is understood, however, that he has no .power to make any decisions under the Shops and Offices Act.
With the knowledge that these clauses are ultra vires, a few she-.a-keepers arc said to be taking advantage of the unusual position. Though the employees are still bound by the clauses in the awards made by Mr. Gilmour, there Is apparently no obligation on the proprietor of a business to close his promises at the time specified in the award, provided the employees do not remain after the time stipulated for finishing work.
A arc in point is the closing time 'for hairdressing saloons in the Wellington metropolitan area. Tobaeconis's' shear, are permitted to remain open till ti pan. on ordinary weekdays and, according to the award, the saloons must not. remain open after fl 15 m. It is understood that in one or two isolated cases the proprietors who themselves are hairdressers are attending to customers in the saloon after G pan. and after the employees,
who are bound by'the terms of the award, have finished work lor the day. The question js also raised of whether a magistrate has power to question the validity ct an award made by . Mr. Gilmour and. if the clause is ultra vires, whofhci ii should net be declared so in the Supreme Court in appropriate proceedings.
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Bibliographic details
Gisborne Herald, Volume LXVI, Issue 20016, 15 August 1939, Page 11
Word Count
336RIGHT QUESTIONED Gisborne Herald, Volume LXVI, Issue 20016, 15 August 1939, Page 11
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