Image TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage TileImage Tile
Image size: 7168x10752 Scale: 35% - PanoJS3
Page overview thumbnail

Article text

c .--..-._.?_- ... ..-
KNOCKED OFF LUMPERS
Shipping Firm Sued
OVERTIME RATES CLAIMED
Because they were ordered to cease
work two hours before the termination
of the period of which they were en
gaged, Charles Magnussen and Andrew
Johnson, members of the Port Adelaide
branch of the Waterside Workers' Fede
ration, proceeded against A. & E. Le
Messurier, the employers, in the Port
Adelaide Police Court, before Mr. G. W.
1-lalcombe, S.M., this morning, for al
leged breach of contract. The proceed
ings were instituted under section 7 ot
the Masters' and Servants' Act, 1878.
Each sought to recover 7/6, made up at
the overtime rate of 3/9 an hour.
Mr. T. E. Cleland, with Mr. Teasdale
Snmth appcarea for ilagniussen and
Johnson, and :\2r. 8. H-. aKipper with Mr.
\V. V. tray for the employers, who plca
ded hot guilty.
Mlagnussen:s case was first dealt with.
lie said that on Monday, May 28, he
was instructed by Mr. Lindh, foreman
stevedore, employed by A. & E. Le Mes
surier, to pick up 12 lumpers to work
the steamer Wareatea's cargo. That
was done, and the witness was in
structed to get trucks ready to begin uu
loading operations. Work started at
8.30 a.m. Lindh informed him that the
men would have to work until 10 o'clock
that night. Instructions to that effect
were accordingly issued. Work pro
cceded, witn the usual breaks for meals,
until shortly before S o'clock at night,
when Lindh ordered the hatches to be
cox ereu, Ar. McKay, an employe
of the firm, enquired why the men were
being knocked off. Work was resumed
at 8 a.m. next day. H-lad they worked
from S to 10 p.m. on the previous day
they should have received 3/9 an hour
overtime.
In answer to MIr. Skipper, witness said
he was working under a Federal award
which fixed their conditions of work and
rates of pay. He received full pay for
the actual hours worked at the Warea
Itea. Stoppages of work often occurredj
at vessels owing to various causes.
Cir. Skipper-Prior to this occasion,
had you ever been knocked off before
the given time?--1 don't remember, but
I may have been. Years ago we were
Soften knocked off before the time allot
ted, but our association carried a reso
lution against this being done.
If you are engaged at S a.m., cannot
the employers knock you off at any time
up to 5 p.m.?-Yes.
And the resolution of your a.ssociation
only relates to work done after 5 o'clock
and dutrinrz overtime hturs?-Yes.
Under further cross examination, Mag
nussen said that onil the evening of May
25 the lights on the wharf consisted of
llare lamps, but he could not say wvhe
ther any of the men complained about
the wind affecting the light. A repre
sentative of the union named Ortmann
was appointed to act as spokesman for
the men in the event of any dispute.
Whatever arrangemrnt Orcmnnan made
was binding on the men.
Mr. Skipper applied for a dismissal on
the ground that there had hbeen no termi
nation of contract, inasmuch as the men
continued work on the next two days.
"There was," he said. "no undertaking by;
the employers to provide them with work,"
S(Proceeding.)
$