Employing Non-unionist Over Age Of 18

Chronicle (Levin), 22 June 1948, Page 6

Employing Non-unionist Over Age Of 18

WELLINGTON, June 21. The Court of Appeal today heard a case stated for its opinion by Mr. Justice Tyndall of the Arbitration Court. The case involved an iniportant question of law alfecting many industrial union's and awards throughout New Zealand. The facts of the case .were that defendant, Evau Wilfred Williams ( Auckland), dental surgeon, continued to employ a girl, Frauces Rae Tucker, as a -dental assistant, after slie had reached the age of 18, despite her not being a member of the Dental Technicians' apd ■ As'sistants ' Union. The relative award provided that it should not be lawful for any enlployer bound by the award, to employ or continue to employ any person of 1'8 or upvvards who-w-as not, 'for tlie tiine being, a member of an industrial union of workers bound by the award. Defendant was a party 'to and was bound by this award. However,at the time in question, there was no member of the union who was willing and ready to undertake the particular work required / to be perfonued and section 18 of tlie Industriai Gonciliation and Arbitration Act, 1936, provides that any uon-unionist may be continued in employment by an eniplover bound by an award, during any time while there is no member of a union bound by tliat award, who is available to perfonn the particular work required to be done and is ready and willing to undertake it. Tlie question for the opinion of the Court was, broa/lly, whether the respective provisions of ihe award overrode the provisions of • section IS so as to prohibit tlie employment of Miss Tucker in the circuinstances mentioned. Tlie Court, after hearing argument, reserved its decision.