ARBITRATION COURT.

Dominion, Volume 4, Issue 1165, 28 June 1911, Page 8

ARBITRATION COURT.

<» SITTINGS OPENED. WORKERS' COMPENSATION. INDUSTRIAL DISPUTES. Tlio Wellington sittings of the ArbitraHon Court opened in the Supremo Court yesterday, ilr- Juitico Sim presided, and with him were Messrs. \V. Scott and J. A. M'Cullough, representing respectively the employers and Iho workers. Struck Out. Robert Hans Hansen, seaman, had. filed a claim * against tlio Zealand pine Co., Ltd.,. tor .comiieiisatioji tor a sprained ankle, but Mr. I|. J. 0 Regan, tor plaintiff, stated that the case would not bo gone on with. Claim for £500 Compensation. • This was a claim for .£SOO compensation bv Albert Strawbridge, farm manager, Otaki, .against Charles Arthur Whitmoio Monckton, farmer, of thd same place, Thero was no appearance on behall ol tno ''jhvMorison, on behalf of the defendant, informed the"court that Mr. Haggitt, the plaintiff's'solicitor, had intormeu him on Monday afternoon that lie proposed to 'discontinue. Though the plaintifl was entitled to every sympathy, m his sultering, the accident had not arisen out ot. his emplovment, but on an occasion when, the plaintiff-had got leave of absence to go to the races, where his horse was running. The accident occured while plaintiff was riding his horse home, lho defendant had brought three witnesses to prove the facts, but, on account of the plamtDt a unfortunate position, ho (lid not ask loi costs; He asked that judgment be entered for the defendant' without costs. Judgment was given accordingly.

Parties Joined to Awards. Tho following parties were added to the - Wellington Building .trades Laboui ers' Award (there being no objection): Martin Kennedy, Kelburce; J. M liintoul Street; Trevor' Bros., Ade aide Road; S. Underwood, Wallace Street. W. Lavery, Clyde Court Private Hotel, was added, as a party to the Cooks and Waiters' Award. .. Mrs. Maxwell ■ (Ivelburne), Miss Maxwell (Willis Street); .Miss Millmgton, and Jlrs. Llewellyn, keepers of tea rooms, ere added as parties to the Restaurant and Tea Rooms 'Award, on the application of the Cooks' and Waiters' Union (Mi. L. J. C Tim following emnlOyers wero added to the 'Painters' and Decorators Award, on {he application of Mr. F. TJeylms for he unionEasson aiid Co., C. ajid —• _ • Mian Manure, Pointon and fcon, A. Lausen, A. C.Talmer and Co., I. , a "- (1 Co., A. Brown, A. M'Dougall, 0. Clavton, W. Francis, T. Morns, Sti and Bros.. Baker Bros., C. R,. ..Eearco.and. Co.. Mrs. C. Clayton,. G. Lynn,, toko o and Son. J. Staples and Co., J. J. Bojd, "5\ T "\V. Aitkinsoii niid Co., Sanders 8i0.., S. Roberts, and A. Francis. , ~ Mr. Reynell assured tho Court that all tho above employed painters. His Hscour, reviewing the .list,saw it seemed rather absurd to 30111 builders and commission agents to a award, but. they had not chosen to object, and the application would be granted. Tailorcsses' Award. The Hon. 3. T. Paul, for; the Tailoresses' Union, asked that Schedule B of the award be brought into iorce. Ho said this had been done in other centres, and 110 objection • was' taken except in Christchurch. . .The Court reserved iU decision. Merchant Service Guild. r The Merchant Service. Guild of Australasia, having tiled with the Conciliation Commissioner certain : demands ■ relating to tho working conditions of masters anil officers, the question arose as to whether these two ranks could both be included in one industrial agreement .'award, Ihe Conciliation Council referred the matter to the Arbitration Court. , Mr. AY. l'ryor, for the employers, said he was not ready to go 011,, and lie asked that tho case should bo argued by counsel, as it was one of great importance from the employers' point of view. Captain Watson did not agreo as to tho: importance of tho point. The interests of masters and officers wero identical,, mid tho Commonwealth Court of Arbitration had included both classes in one award. Tho masters objected at first, but. tho. Court, having before it a duly registered body including masters and officers,' overruled the objection. • His Honour said that if tbo case were taken without counsel,, the Court might find during tho hearing. that there was a question of, law to be argued, and might then order that counsel should appear. The result would be to delay tho guild getting its award. It was decided that the case should be argued by counsel at 10 a.m. to-morrow. Worker or Contractor, Legal argument was heard in the case of the Public Trustee as administrator of the estate of tho late John M'Auliffe against the|borou»h of Temuka. Mr. J. W. Macdonald, for the Public Trustee, said the deceased was employed as a nightman by tho Corporation of lemuka, under an agreement. While returning from his work at 5 p.m. with his tools in his cart ho was delayed a few minutes speaking to a friend, and he picked him up while crossing a railway lino and was cut down by a train. The questions to be settled by tho Court were: (1) Whether the deceased was a workor within, the meaning of the Workers' Compensation Act, or a contractor? (2) Did the accident happen in tho courso of his employment? (3) Did it arise out of his employment? On the first of these questions counsel reviewed the terms of M'Auliffe's agreement with the council, and submitted that in regard to terms of engagement, payment of wages, power of dismissal, and power of control over the work (the latter being the principal test), the deceased was a worker. lie also quoted authorities to support ' his contentions that tho accident, happened during the course 'of his employment, and aroso out of his.employment. Mr. W. IT. D. Bell, for the defendant corporation. . drew attention to certain words of the agreement as showing that there wero specific duties to bo performed for fixed payment, but the hours wero not fixed.. Thero was nothing to prevent him taking a couplo of days' holiday and paying another man to do the wort. A worker was a person employed for his personal services, but this man was virtually a contractor for tho supply of labour. His Honour said the Court did not wish to hear Mr. Bell further at present. If they wished him to continue later they would let him know.

To-day and Later. The Carpenters' and Joiners' dispute will bo taken to-day. The Wellington Tinplato Operatives' Union dispute was postponed until next sittings, 011 the application of Mr. W. C. Noot, lor tho union.' Mr. C4ronfcll, for the employers, consenting. The caso of Inspector Holland against Wnrdell Bros, and Co., grocers, is set down for to-morrow, to follow tho Mcrcliant Service Guild's case. The Court will resume at 10 a.m. today.