ARBITRATION COURT.

Gisborne Times, Volume XXVIII, Issue 2762, 17 March 1910, Page 2

ARBITRATION COURT.

INSPECTOR'S APPEAL UPHELD. [Per Press Association. | WELLINGTON, March 16. The Arbitration Court yesterday heard t-lio case of the Inspector of Awards v. Denhard, an appeal from a judgment, in respect of an alleged breach of the bakers’ award. Mr. D. M. Findlay, who appeared for the Inspector of Awards, stated the circumstances. Defendant, a baker carrying on business in Wellington, was charged that on December 23rd lie worked certain men between the hours of 10 p.in. and midnight. This, it was alleged, was an infringement of clause 9 of the award, which provides that no work shall be done between the hours of 10 p.m. and midnight, except on hot-cross bun nights, when double rates must be paid. The question was whether the clause provided for absolute prohibition of work between the hours under review. The Magistrate said, in liis judgment, that clause 9 did not apply in this case, and that plaintiff could not succeed. Mr. J. J. McGrath, for defendant, agreed that the point to be decided was as to whether clause 9 absolutely prohibited work between the hours of 10 p.m. and midnight. He contended that that clause referred to overtime, and nothin:/ else. If an ern_ plover worked his men during the day and up to 10- p.m., he was quite entitled to rest from labor. After the work must clearly refer to overtime which was continuous with work done during the day. He submitted that there wa« no breach of clause 9. As a matter of fact, the work on the nhr lit of the 23rd December was done at the men’s suggestion. After consultation with his colleagues, His Honor said the Court had decided that the effect of clause 9 was to prohibit all work between the hours of 10 p.m. and midnight. The language of the clause made this quite clear. The Court decided that the Magistrate’s decision was wrong, and directed that the case be sent back to him to dea] with as he thought fit. ‘Costs of appeal were fixed at £5 os.