ASSISTANT OR PARTNER?

Dominion, Volume 5, Issue 1443, 18 May 1912, Page 5

ASSISTANT OR PARTNER?

INTERESTING SHOPS ACT DECISION. (By Telesraph—Press Association.) Auckland, May 17. An important decision was given by Mr. C. C. Kettlo, S.M., at tho Magistrate's Court this morning, defining the position of partners under the Shops and Offices Act. The case was brouglit by Mr. Wm. Hood (inspector) against Messrs. Thompson Bros., grocers, of Khyber Pass, for having committed a breach of Section 3, Sub-Section D, of the Shops and Offices. Act of 1908. Mr. Kettle said tho defendants wero charged with employing F. W. Thompson, a shop a; aistanc, after 9 p.m. ' It had been Miovrn conclusively that I\ W. Thompson was a partner in tlie firm, and the 'question therefore was whether such being the case ho could work after hours carrying on the business of the firm of w'hicli h? was a partner. That depended upon the construction of Section 13 of ,the amende:! Act of 1910, - which stated that, with the exception of tlie husband or wife, all Eartners but the one in whose name a rm was registered should bo deemed to be shop assistants within tho meaning of the Act. That was no doubt done to_ prevent ovasions of the Act. Mr. Kettlo said that after careful consideration of that section he was of opinion that the contention that all partners other than the one in whose namo the business was registered must be deemed to_ be shop assistants waa tlie real intention of tlie Legislature. ' As, however, this was the first cose brought under that section of the Act, he would not impose o penalty, but 'simply order the defendant to pay the costs of tho proceedings. It was a question for the Legislature whether the oxception should not also be extended to partners in a firm.