NOMINAL PENALTY.

Manawatu Standard, Volume LVII, Issue 224, 21 August 1937, Page 11

NOMINAL PENALTY.

BAKERY FIRM FINED. BREACH OF AWARD. Per Press Association. CHRISTCHURCH, Aug. 20. A nominal penalty was imposed on Stacey and Hawker, Ltd., for employing an excessive number of labourers in a bakehouse in a reserved judgment given by-Mr F. F. Reid. iS.M., to-day. The Magistrate held that it was a breach of the Northern, Wellington and Canterbury Bakers' and Pastrycooks and their Labourers’ Award. In imposing a nominal penalty, the Magistrate explained that proceedings had been taken to obtain an interpretation of the award. His opinion was that a breach had been committed according to the provisions in section 2 (f)'of tell award and that plaintiff (Air S. W. Armstrong, inspector of awards) was entitled to judgment. A penalty of 106 was imposed. The case was heard on July 30 and the facts were admitted. The Magistrate states in the judgment that defendant company’s business was that of an automatic bakery, that, the company employed 10 bakers, 10 bakers’ labourers and five junior labourers and that it had been the custom for 20 years for automatic bakeries not to employ the proportion of bakers’ labourers to bakers laid down by the award. Clause 2 (f) was a vital clause providing that employers who were bound by the award should he permitted to employ bakehouse labourers in the proportion of not moro than one labourer to each two journeymen bale- ’ ers or pastrycooks and that, for the purposes of the clause, foremen and doughme-n should count as journeymen. “Part of the argument, for the defence was directed to the effect that a decision adverse to defendant would have (bv way of increased costs and disturbance of long-establislied working conditions) on persons and companies operating automatic bakeries, bui these are matters which, while they would be properly urged before a Con ciliation Council or the Court _ol Arbitration while an award was being formulated, have no bearing once the award is made and they do not assistin the task of its interpretation,” said the Magistrate.