BREACH OF AWARD.

Manawatu Herald, Volume L, Issue 3918, 14 March 1929, Page 2

BREACH OF AWARD.

FINES OF £5 IMPOSED

A't the local S.M. Court this morning before Mr. J. L. Stout, S.M., the Inspector of Awards (Mr. Lowden) proceeded against F. G. Fairey (Mr. Bergin) and D. Clifford for breaches of the Babers’ and Pastry Cooks’ Award. Mr. Bergin, for Mr. Fairey, stated that Clifford had been in Fairey’s employ and when engaged had been expressly told that there was to be no overtime worked, except during holidays, he Mr. Fairey stating that he would attend to ordinary overtime himself. A wage and overtime book had been kept by Mrs. Fairey and Clifford had entered up the time himself and signed the book in full payment of his wages each week. When Clifford was dismissed in January he was asked what his overtime was in connection with the ’Xlmas and Hew Year holidays and paid accordingly, Clifford writing, across the receipt “three months late.” Clifford had never suggested at any time that overtime was due to him while in Fairey’s employ but when he was dismissed he sent a comprehensive and detailed account in to the Inspector. When interviewed by the Inspector Mr. Fairey had been quite frank about the whole matter and had produced all his books. Mi 1 . Lowden gave detailed evidence as to having received a complaint from the Union that Clifford had been dismissed owing to claiming overtime and as to having interviewed Fairey. Clifford had been tokl at the outset that there was to be no overtime when he made a claim for .10/- after the first week, and since then he had entered up his hours in the wages book and receipted it each week as having received full payment of wages. The worker is this case was more at fault than the employer. Clifford had made no complaint, nor had he pointed out to the employer that the wages were incorrect until after lie had been dismissed. As far as he could see, Fairey had paid Clifford more than he was entitled to. He had certainly been a little careless over the matter of keeping the wages book, and had trusted the man too much.

Clifford, in the box, made a lengthy explanation in connection with the matter, and stated that ho only signed for the wages received each week, arid kept a separate wages book at home showing overtime, etc. He had asked on two occasions for overtime, and had been told that they did not pay overtime, and that he could take it out in bread. His reason for not reporting tho matter before was that he was expecting a visit from Mr Collins each week, and was going to place the matter before him. “I might state,” he said, “that it was stated by Mrs. Fairey that they were friends of Mi’. Lowden.” The S.M.: And you are a friend of Mr Collins, I suppose? (Laughter) . The S.M. said that there was no douibt that a breach of the Award had been coimmitted, but it was a peculiar thing that Clifford did not put in a statement until he was dismissed. He would be fined £5 with costs 10/-, and a similar penalty would be imposed in the ease of Fairey, which would probably be a lesson to him to be imore careful in the future.