AWARD CASE

Waikato Times, Volume 127, Issue 21217, 13 September 1940, Page 7

AWARD CASE

IMPORTANT DECISION COUNTRY WORK AGREEMENT JUDGMENT FOR EMPLOYERS (By Telegraph.—Press Association) DUNEDIN, Thursday Holding that no breach of the award had been committed, Mr J. R. Bartholomew, S.M., in the Magistrate’s Court today, delivered his reserved judgment in favour of the defendant in the case in which the inspector of awards proceeded against Downer and Company. Limited, of Wellington, on a claim for £lO as a penalty for an alleged breach of the builders, contractors and general labourers’ award in failing to pay William Lyall Johnson overtime pay. Briefly, the case rested on the interpretation of the award in its reference to country work. On September 2?. 1939. a number of men commenced work for the defendant company on building tunnels for the Dunedin City Corporation at Waipori Falls. They were paid on the basis of the country work clause, which provided an extra penny an hour for overtime. The chief question at issue was whether an agreement for the country clause to operate had been entered into between the employer and the employee. The work, the magistrate said, was admittedly country work as defined by the award, which stated that an employer might agree with any worker that in respect of specified country work all time worked in excess of the prescribed hours should be considered overtime and paid for at the rate of Id an hour in addition to ordinary rates. Simple Agreement Evidence given for the 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 clear and simple. A simple request by an employer acceded to by a worker with a knowledge of the position was all that was necessary to constitute an agreement. Was such an agreement made in the present case ? The final effect of Johnston’s evidence was that such an agreement was not disputed so far as outside work was concerned. In view of his evidence his plea of ignorance regarding the conditions governing tunnel work could not be accepted. “The worker having carried out work under 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.