THE ARBITRATION LAW.

Dominion, Volume 2, Issue 493, 28 April 1909, Page 7

THE ARBITRATION LAW.

AN IMPORTANT CASE.. .. V IllT TEMJGUAI'n—riIESS ASSOCIATION.) i ?•. *" ■ ■ Naploiv April' 27. ' "■At.the Magistrate's Court this morning, before Mr. S. E. M'Carthy, . S.M., tho Inspector of Awards (Mr. E.'.W. F. Geluia) Bought to ■ recover £25' from BiillBros;. as penalty for alleged breach' of award; in that they dismissed H. A. King;! a painter, from their employ because ho was secretary of tho Napier Painters'- and Decorators' Industrial Union, of 'Workers. \ ,■;■'■ In .'giving Judgment,.' his Wobhip. said :— Defendants in tins caso were 'contractors, arid they were building on a pcrceiitage basis: a'house for L. H.'M'Hardyi ivho retained, in virtue of a contract intli Bull Bros., tjio right of sending off any man ho wns not satisfied with. ■■ Anyone turned off by M'Hardy.or his clerk of works was thereforo not dismissed from tho employment of Bull Bros., but was simply turned off;that job. Defendants had no right to consider ; t established that any man was dismissed from tlioir employment simply because lie did not satisfy M'Hardy. , There had bccircorresiiondonce- between' tho union and Bull Bros., witJi reference to a man called evidently there was sqmo irritatioiron the part of Bull Bros; hv consequence of King'/ who was working on tho contract with the man, not informing them of tho,. facts;. Tho onus lay on defendants to.show that the man was not dismissed simply "because- he was a unionist and occupied ■ tho position of secretary to tho union. Bull Bros, assumed'that this-turning off by M'Hardy was tantamount to dismissal from their employment, He would inflict a penalty. . .;. Mr. Gohns said that .though'the maximum penalty was set down,- the Department did not wish to h.ivo it. inflicted. . . , • Worship imposed a fine-of £5 and costs 10s. ■;. . ' ; . . Mr. S. E. Wright, who appeared for dotendants, applied for leave to appeal to tho Arbitration Court, and asked that security be iixed.. ... . -..,- His Worship said that it was aii .important caso, and fixed security at $fSj. .