FACTORY MANAGERS

Wairarapa Times-Age, 1 July 1938, Page 3

FACTORY MANAGERS

DEFINITION OF “WORKER" FULL COURT ALLOWS APPEAL (By Telegraph—Press Association.) WELLINGTON, This Day. The appeal by the manager of the Waitoitoi Co-operative Dairy Co., Ltd., Percy Smith, against the judgment of Mr W. H. Woodward, S.M., in a case heard in New Plymouth in March has been allowed by the Full Court, the decision of which was given yesterday. The appeal originally came before the Chief Justice (Sir Michael Myers) in the Supreme Court, New Plymouth, when it was decided by both parties to refer the case to the Full Court. It was stated then by counsel that the decision affected all the , companies but particularly about 60 factories which, if the judgment was sustained, would be involved in an additional payment of £25,000 a year. Definition of “worker” and “regularly employed” were required. Smith was convicted of a breach of the Factories Amendment Act, 1936, for having employed a worker on seven days a week, instead of six, between August 11 and September 29, 1937. Sub-sections (1) and (2) of section 4 of the Factories Amendment Act, 1936, are in the following words: —(1) Except as otherwise provided in this section, no worker shall be employed in or about a dairy factory or a creamery on more than six days in any one week. (2) The last preceding sub-section shall not apply with respect to any dairy factory or creamery in which not more than two workers are regulaWy employed.” The Chief Justice, whose judgment was that of Mr Justice Blair and Mr Justice Kennedy also, said the questions were whether the appellant, who was the working manager of the dairy factory, was a “worker employed” in that factory, and whether there were more than two workers regularly employed in the factory. Their Honours said the magistrate went wrong in including appellant as a worker, and it followed that the conviction was wrong and the appeal should be allowed.