RACE CATERERS

Hawke's Bay Herald-Tribune, Issue 175, 11 August 1937, Page 3

RACE CATERERS

— Pi-ess Association.)

Not Covered by Award IMPORTANT RESERVED DEC1SI0N

, (By Telegraph-

HAMILTON, Last Night. t The first ruling on the meaning of the New Zealand Tea Rooms and Eestaurant Employees' Award, 1936, of particular importanee to caterers throughout the Dominion was given by Mr. S. L. Paterson, S.M., in the, Magistrate's Court at Hamilton to-day when giving a reserved judgment in a case in which the Labour Department claimed a £10 penalty against Adams and Sons, caterers, of Auckland, for an alleged breach of the award in that the firm underpaid a casual pantrymaid at the Te Rapa races on February 20. A further claim for a £10 penalty. was brought on the grounds that travelling time had not been paid. An interpretation of the award has been awaited with interest by firms in every part of New Zealand, Th§ main .issue in the action was the meaning of Clauses 7 and 8 of the award. The Magistrate held that «-'--fendant , did not carry on a tea room or xestaurant business at Green Lane but purely a catering business and the GTcen Lane ■premises comprised only a dwelling house and garage used as a depot, An appreciable part of this business consisted of catering for race meetings under contracts with various clubs. The terms of these contracts were usually arranged by tender and were held -as being that defendants usually, paid to racing clubs a certain sum for: the privilege of occupying part of the. club's premisea and supplying meala. and refreshments to race patrons at prices limited by the clubs. Various other caterers in New ZCaland rau .businesses on similar lines. The Magistrate held that this contention of defendant was substantially correct, as he did with a further contention that Clauses 7 and 8 tof the award were inconsistent and anomalous and that there was no class of lgbour to which Clause 8 (F) could apply unless; it waa casual labour employed away from the emplovers' premises for functions lasting only an hour or two. "The award does not appear to have been dxawn to cover catering businesses of the nature of that carried on by defendants, ' ' said Mr. Paterson in giving rjudgment- for defendants.