BREACH OF AWARD

New Zealand Times, Volume XXXVII, Issue 8340, 29 January 1913, Page 7

BREACH OF AWARD

NEWTOWN BUILDER CONVICTED

Dr A. McArthur, S.M., yesterday delivered his judgment in the case m which Air D. Carmody, Inspector of Awards, proceeded against J. L. Alc--Vliflan, builder, of Newtown, to recover £lO as a penalty for a breach of the Wellington building trades labourers award. Tho inspector alleged that tho defendant did, during tho ot August, 1912, employ J. liosie, E, Sergeant, and W. Eado on suburban work, and failed to pay them tor travelling time or train tares while employed on such work. .... , - lb was admitted, said Ins Worship, that’ tho work was outsido tho radius of two miles from To Aro Post Office, and that some of the workers resided outsido tho radius and some itisido the radius, and that all of them resided less than two miles from tho work. Clause 5 (b) of tho award stated: Workers shall be at tho place where tho work is to bo performed at tho time appointed for tho commencement of work, but should such place bo beyond tho two-miles limit provided in clause 5 (a) hereof, employers shall either pay workers at the rate of three miles an hour for tho time occupied by them in travelling by the nearest road used by foot passengers to and from such work in excess of tho two miles, or shall pay their tramway or other fares going to and returning from such work onoo each day.” Clausa o (a) stated : “ Suburban work in tho case of employers carrying on business in tho city of Wellington means work performed outside a radius of two miles from tho To Aro Post Office, Wellington.”

In his Worship’s opinion, under clause 5 (a) and 5 (b) as framed, the workman was entitled to be paid for the excsss beyond tho two-mile limit, irrespective of the place of his residence. Defendant had been guilty of a breach, but the record of the conviction would be sufficient to meet,tho case.

Air R. Kennedy represented tho defendant.

Leave to appeal was granted