MAGISTRATE’S COURT

Otago Daily Times, Issue 24424, 9 October 1940, Page 2

MAGISTRATE’S COURT

Tuesday, October 8 (Before Mr J. R. Bartholomew, S.M.) Undefended Cases Judgment was given for the plaintiffs in the following undefended cases:— Anderson’s Motor Body Works, Ltd., v. J. Keach (Balclutha), claim 13s, costs only; Dalgety and C 0. .: Ltd., v. E. Elder (Timaru), ' claim £7 4s Bd, for goods supplied, with costs (£ 1 12s 6d); Direct English Distributing Company, Ltd., v. Dennis Crosbie (Mossbyrn). claim £l, costs only; Briscoe and Co., Ltd,, v. A. S. Napier, claim £3B 10s 3d, for goods supplied, with costs (£4 8s 6d). Judgment Summons J. Foster was proceeded against by Charles Begg and Co., Ltd., who claimed £ll 3s 6d on a judgment summons.—There was ho appearance of the judgment debtor, who was ordered to pay the amount due forthwith, with costs (£1 3s), in default 12 days' imprisonment. Breaches of Award The inspector of awards (Mr Hoskin) proceeded against Steel’s Firewood Company. Ltd., for alleged breaches of the New Zealand motor and hoi.se drivers’ award in respect of the non-payment of overtime to Alexander Douglas Finnic. James McCallion and Robert John McCallion. A penalty of £lO was claimed for each breach. —Mr Hoskin said that the defendant company was a party to 'both the New Zealand drivers’ award and the wood and coalyard employees’ award. In the latter award the hours were 40 a week during the summer and 44 hours in the winter months. In the other award the hours were 44 a week, unless drivers worked in an industry in which fewer hours were worked, when the total was reduced to the hours per week operating in that industry. The department alleged that during the summer the three men worked 44 hours a week, but were paid for only 40 hours. —For the defendant. Mr E. J. Anderson said that so far as Finnic was concerned, no overtime was due because he had been treated well by the company, receiving a fortnight’s holiday on full nay and an additional £ll. the takings for a week when he controlled the business. The other two men came under the wood and coalyard employees’ award. Mr Anderson submitted that the actual business was carried on at 165 Castle street, and that it was intended to cite the company in the original award, but through a mistake the name of T. E, Steel had been nut in. The proper procedure to bring the company under the award was to get the Arbitration Court to join it as a party.—After hearing evidence. the magistrate held that the company came under the award and that breaches had been committed. There was a personal aspect in Finnie’s case, as he was a son-in-law of T. E. Steel and had had some special treatment. The penalty in that case would be £2. As far as the others were concerned. however, the breaches had been deliberate and persistent, and a penalty of £5 in each case would be imposed, with witness's expenses (14s).