LAW REPORTS

Dominion, Volume 8, Issue 2415, 22 March 1915, Page 9

LAW REPORTS

ARBITRATION COURT | BAKERS' AWARD AN ALLEGED BREACH A case of considerable interest to bakers was beard in the Arbitration Court on Saturday morning before His Honour Mr. Justice Stringer (President), and Messrs. E. F. Duthie (employers' representative), and J. A. M'Cullough (employees' representative). To test the law in relation to a new condition of things consequent on tlie establishment of automatic bakeries, tho Inspector of Awards (Henry E. Mostcn) proceeded against the New Zealand Automatic Bakeries, Ltd. (represented by Mr. H. E. Anderson) to recover a penalty of £10 for an alleged breach of the Wellington Bakers' and Pastrycooks' Award. The alleged breach consisted of the failure to pay double rates to a baker for such time as he was employed between midnight and 4 a.m. during the week ended January 16, 1915. The employment between the hours of midnight- and 4 a.m. was admitted, but it was contended by the defence that the company was exempt under a clause relating to country deliveries, and evidence was tendered as to large daily deliveries at Karori, Petone, Trentham, and Johnsonville. Mr. Justice Stringer said that the whole matter turned on the question a,; to whether the firm had a country delivery or not. To his mind ■ there was no doubt that it had. One of the assessors, Mr. M'Cullogh, informed him that the exemption clause under which the company was working, was introduced at Auckland to make provision for the supply of bread to ships that ran to a Tegular time-table. But' no such qualification was expressed in the award. On the face of it- the firm had the right to start its bakers - at 3 o'clock as for the country delivery. It had committed no breach of the award, even though its particular line of business was . not contemplated when the award was framed,, He therefore dismissed the information, asking for a penalty without costs.

COMPENSATION CLAIM, WHEN DOCTORS DISAGREE. The Court also dealt on Saturday morning with a compensation case, in which, the plaintiff was' Alexander Walker, waterside worker, and the- defendant the Union Steam Ship Company of New Zealand, Ltd. On April 23, .1914, tvliile assisting to load the Maunganui, plaintiff sustained injuries to .his back thiough a bale of flax falling on him. Ho had been paid weekly compensation at the rate of £1 lis. 2d. up to January 14, 1915. ■ Mr. P. J. O'Regan appeared 7or plaintiff, and Mr. P. Levi for defendant company._ After hearing medical evidence, his Honour remarked that the doctors who gave evidenco were divided in opinion as to the time it would take plaintiff to recover. One, said twelve months and another six months. It.'seemed reasonable that the Court should take th 9 middle course, and say nine months. Judgment was given for plaintiff for the sum of £73 65., with.costs £5 55., witnesses' expenses, and disbursements.-