ARBITRATION COURT.

Dominion, Volume 6, Issue 1825, 11 August 1913, Page 3

ARBITRATION COURT.

NEW POINT SETTLED, ..TUBERCULOSIS AFTER INJURY. Several judgments were delivered by the Court of Arbitration on Saturday, and ono of them decided a point of compensation law that had not previously been dealt with by a Court in this country. Air. Justice Sim presided -*n the Bench, and sitting with him as assessors were: Mr. William Scott (for the employers) and Mr. J. A. M'CuUough (for the employees). Plaintiff in the action nbove referred to was William Joseph Hunter, while the defendants were the Huddnrt, Parker Proprietary Company, Ltd. Mr. P. J. O'Regan appeared far Hunter, while Mr. A. \V. Blair nppeared for the company. ,At the hearing of the ease it was mentioned that not only had the point involved never previously como up for decision in New Zealand, but it was only recently that a. like case had arisen in England. Hunter, the plaintiff, was a wharf labourer. While engaged in discharging cargo from tho steamer Ulimaroa at Wellington on April 17. 1912, ho was struck by a sling of timber and thrown against a mooring post. He sustained a number of contusions, particularly on tho left hand. The injuries to the hand had developed, and there was now a wasting of the thumb muscles. Total incapacity had resulted from the injury, and compensation ot the rato of lis. 2d. per week had been paid until March 27 last. The Huddart-Parker Company Jiad then ceased payment on the ground that Hunter's total incapacity was not now due to the injury, but to tuberculosis of the lungs. It was common ground that the man had developed tuberculosis, but the left hand was still disabled. In delivering the Court's judgment on Saturday, the president said, inter alia: "Wo are satisfied that if Hunter had not been suffering from consumption he would' have been ablo to do light work some months ago, and ultimately might have recovered tho complete use of his hand. He, however, has not recovered that use yet, and, to a limited extent the accident is still causing incapacity for work. Wo propose, therefore, to treat his present incapacity as due, in part, to the accident and to award compensation on that basis. Judgment for plaintiff (Hunter) for 15s. per week as compensation, as from March 27 last, the payments to be continued during the plaintiff's incapacity in respect of his left hand, until ended, diminished, or increased, in accordance with the provisions of tho Act. The plaintiff is allowed his costs (X 7 75.), with disbursements and witnesses' expenses to be fixed by the Clerk of Awards."

UNSUCCESSFUL. KILLEES' REQUEST FOR AWARD. When the dispute between the New Zealand Slaughtermen's Federation and the employers in this district was before the Court of Arbitration last week, the employers strongly opposed any award being made by the decision of tlio Court, delivered by his Honour Mr. Justice Sim on Saturday, tho application was refused. The Court, in its judgment, said that of the eight respondents five were working under industrial agreements made with duly registered unions other than the plaintiff union. The three remaining respondents wero not working under any agreements, but it was stated on their behalf at the hearing that in each case a union had been formed of the workers employed at their respective works. One of these unions had already been registered under the Act, and tho others, it was expected, would be registered shortly. Terms of agreements had been settled with these unions, and it was proposed to embody these terms in industrial agreements to be filed under the Act. "111 these circumstances, it seems to us." the judgment continued, "that the case is one in which the Court ought not to interfere by making any award. An award iu the ease of those companies already bound by agreements would be useless, while those companies ■ not bound by agreements ought to be allowed an opportunity of completing the proposed agreements with the local unions. If such agreements are not made, and any question arises hereafter <us to tho wages or other conditions of slaughtermen, it will bo competent for the applicant union to Tenew its application for an nwar<l. so far as relates to any employer not bound by an industrial agreement. The present application for an award is dismissed. Mr. M. J. Reardon appeared for the union and Mr. W. Tryor for the employers. TEST CASE. THE PAYMENT OF APPRENTICES. A test case on breach of award involving a point ■of considerable importance to clothing factories throughout the Bominion was heard last week and has now been decided iu favour of tho Inspector of Awards (R. A. Bolland), and against the Wellington Woollen Company for failing to pay apprentices' wages during the period when the company's factory was closed for cleaning purposes. Mr. H. H. Ostler, of the Crown Law Office, appeared for the inspector, while Mr. A. AV. Blair appeared for the company. From tho facts before the Court it appeared that the Woollen Company employs a large number of apprentices. Tlio factory was closed from December 21 until January 6, and the apprentices wero not paid for that period, except for Christmas Day and New Year's Day. Any deduction in wages was forbidden, by the award, and tho question' was whether the company could claim exemption under the Factories Act, which provides that during the period that the _ company's premises are closed for cleaning Or repairs, the company may deduct the wages of -boys or -women over IS years of age. The. Department had received from the Woollen Company and from other companies tho amount necessary to pay the wages, and this was to bo paid to the apprentices or to tho company, according. to whatever the decision of tho Court should be. As indicated above, the Court held thnt tho Woollen Compnny wais not entitled to make any deduction from the wages of its apprentices in respect of the period mentioned. For the reason_ that the case had been brought to obtain an interpretation no penalty was imposed.

COMPENSATION, , Reserved judgment was also delivered in the compensation case, the Public Trustee v. Bernard Patrick M'Mahon and others. Mr. Justice Sim had previously decided that the widow, who was represented iu the action by the Public Trustee, could claim 011 the basis of a national dependency only. The Court on Saturday decided that the claim would be satisfied by an award of ,£5. Costs had been settled by agreement between the parties. Mr. J. W". Macdonald appeared for the plaintiff, while Mr. M. Myers appeared for tho defendants.