DEDUCTIONS IN PAY

Hawke's Bay Herald-Tribune, Issue 174, 10 August 1937, Page 8

DEDUCTIONS IN PAY

— Pxess Associatjon.)

Appeal Against Magistrate's Decision PALMERSTON N., Tkis Day.

{By Telegraph-

A judgment of Mr. J. L. Stout, S.M., was ckallenged' by tke Department oi ^ Labour in tke Palmerston North Supreme Gourt yesterday. * Sir Michael ilyers, Gkief Justice, was * on tke ' 7 Bench. Tke cass was one in wkick tke Manawaru Knitting Mills were prosecuted by tke Inspector of Factories, Mr. Gordon Brown, on a ekarge of employing a person with over tkree years' factory empioyment, during tke week ending ifanuary 15, 1937, and f afiing to pay her ; not less tkan £2 a week. Announcing 'his judgment, tke Magistrate said: — , "It is claimed tkat a breack^of section 32 of tke Factories Act, 1921-22, j •as amcnded by section 12 of tke Amend- ( :ing ,Act, 1936, kas been committed. Tke > .facts are not in dispnte. Tke award wage of tke employee was £2 5s a week, mnd ske lost one dav's employment not tkrougk any fault of ker own but on ker employer's instruction on account •f a temporary slackness in ker depart- j aient. As a result ske kad nine shiilings, representing one day's wages, deducted, bringing ker wage for tke week down to 36s. It is claimed by ,the De-, ; partment tkat it ls penal under section 32 to reduce tke wage below £2. No autkority kas been quoted, but it is con- _ tended tkis is tke meaning of tke sec- . tion. "In my opinion, kowever, tke wording of tke section is against such a eonstruction for tke concludiug words of tke sub-section (a) contemplate reductions- by limiting tke reductions from tke wages of men and women mider tke ag9 of 18, to time lost through the'worker's illness or default, or on account of temporary closing of tke factory. There is no other payment ' mentioned from wkick deductions may be made. I tkink, therefore, that all tkat tke section does is to fix tke minimum wage for a full week'B work. Tkis is a. guide to employers or to tke Arbitration Court in fixing an award, on tke