NO BREACH FOUND

Manawatu Standard, Volume LX, Issue 245, 13 September 1940, Page 6

NO BREACH FOUND

BUILDERS’ AWARD. Per Press Association. DUNEDIN, Sept. 12. Holding that no breach of the award had been committed, Mr J. R. Bartholomew, S.M., in the Magistrate’s Court, to-day, delivered his reserved judgment in favour of defendant in die ease in which the inspector of awards proceeded against Downer and Co., Ltci., Wellington, on a claim for £lO, as penalty for alleged breach of the New Zealand Builders, Contractors and General Labourers’ Award, in tailing to pay liliam Lyail Johnson overtime pay between beptember 2d, 1939, and April 20, 1940. Briefly, the case rested on the interpretation of the award in its reference to country work. On September 23. 1939, a number of men began work for the defendant company on building tunnels for the Dunedin City Corporation at Waipori f alls. They were paid on the basis of the country work clause, which provided an extra penny an hour for overtime. In the claim the chief question at issue was whether an agreement for the country clause to operate had been entered into between tne emp.oyer and the employee. The work, His Worship said, was admittedly country work, as defined by the award, which stated that the emmight agree.-with any worker that, in respect of specified country work, all time wonted in excess of the prescribed hours should be considered overtime and paid for at the rate of one penny an hour in addition to ordinary rates. Evidence given ior plaintiff suggested that it was considered that a formal agreement with the men collectively was necessary. The wording of the country provision was, however, perfectly dear and simple. A simple request bv an employer, acceded to by a worker with a knowledge of the position was all that was necessary to constitute an agreement. Way 6uch agreement made in the present ease? The final effect of Johnson’s evidence was that such agreement was not disputed so far as outside work was concerned. In. view of his evidence, his plea of ignorance regarding conditions governing tunnel work could not be accepted. “The worker having carried out the work under- the agreed conditions,” His Worship concluded, “the country clause of the award has been complied with and there has been no breach of the award. Judgment must, therefore, be given for the defendant company.” Fourteen days were allowed to enable the question of appeal to be considered by the Labour Department.