ARBITRATION COURT

Dominion, Volume 11, Issue 148, 12 March 1918, Page 9

ARBITRATION COURT

: WELUNfiTON SITTINGS : PRIVATE HOTEI, AND RESTAURANT WORKERS. ■The AVfiliington sittinsN of tlic Arbitration Court, -were .continued yoster(.ay, under the presidetmy o[ Mr. Justice Stringer. . Associated with him ■.verp Mr. W. »ScoU vc.iuploycre' assessor) and Mr. J. A. il'Cu'llough' (employees' assessor). ' • . ■ Application was mado bv Mr. ■ J5. Kennedy to. add parties to the. Welliugtoii private, hotels-and restaurant ..: workers'-award, and also to amend the. award.- . . - .Dealing with tlio latter application, Mr. Kennedy said that it-was desired .to delete from clause. 9;.0f. tho award ■the word "now." This word ooo.urred iii the. paragraph which stated that employees in places "which are 'now' closed for business; ou Sundays" were entitled to a. half-holiday on' a weekday. Sonic of the employers and- someof the Labour Department officials interpreted the word."now" as to mean that tho clause applied only to those establishments which were in business at, the' time the- award cauie. into force. If this .were allowed to'hold,' those employers who. had ■ established their business ..after ..the award was made,,and who did not open for business after the award was made, and . who did nor. open for business on Sunda.vs,' need ..not-j;iye their employees a . weekly half-hnliday. ' ■•"'-. 1 On .behalf of -the employers' associaI tion, Mr.-Grenfell offered.-no objection Ito the union'fc application.: - The Court aocorclinglymade an-.order, dcletinw the- word in question from the particular clause under review. • ■ .. MrivKeniicdy also mentioned thcicaso ■of several employers, who,.-in order to i Ovado the terms of the- award opened ■|:their premises for au hour each Sunday, botwen 5 ij.'m. and G p.m. . Those - parties contended that by virtue of this their businesses were open - on . -Sunday. ' His -Honour ruled that he could not entertain any application to alter the . a ward so as to deal with these employees, as it did not come within the provineeof tho Court. This was an.evasion of the, law, which, if established, was a- matter'for prosecution, not for amendment. . .''.." ' '. ■■ With regard to his other application, Mr.-. Kennedy asked that three privato hotels bo added to the-award. There ~ was no .opposition to this application oxcept by one party, Mrs. M'Cormick, proprietress of the Rutland Hotel. . After hearing the evidence of a number of witnesses, the Court refused the request. ■- RESERVED JUDOMENTS. A QUESTION OF DEPENDENCY. ■ Reserved judgment was filed in. the Supremo Court yesterday with regnrd to the claim for compensation 'preferred by Rose Phoebe Marsh, of Masterton, against Roy Barton, sheepfarmer, ■| of Mastertou. The claim, which was .1 heard in the Arbitration Court last week, was for £200 compensation and funeral and medical expenses in connection with .the. death of.plaintiff's father, while in the employ of Barton as a shepherd. . • ■■ His Honour (Mr. Justice Stringer) stilted that the question of dependency was ono of fact, and the Court thought ii had been established that the plaintiff did rely upon her father to augment hor small earnings, and therefore she was dependant to that extent. The fact that the plaintiff was physically capable of earning sufficient wages ' t in another vocation to render her quite {' independent of her father was irrelevant, and it could not be taken into consideration. The question was what compensation was "reasonable and proIpcrtionate to the injury of plaintiff." ! The Court therefore allowed the plaintiff the sum of £50, the defendant to also pay funeral expenses, £12, the latter in terms of his offer ftiade in Court. Costs, ;E7 75., and witnesses' expenses were also allowed. The Court declared plaintiff to ho the sole dependant of deceased. Mr. Hellings appeared for the plaintiff, and Mr. A. W. Blair for the defendant. " -. ' THE VALUE OF FINGERS. j The case of Robert Ross, of Wanga-j nui, v. the New Zealand Refrigerating Co., claim for compensation, was also the subject of a reserved judgment; filed yesterday. Tho action was .heard Iby tho Arbitration Court last week. Thy point.4 at issue, were tho basis'! - and the amount of compensation to be ! awarded to the plaintiff for injuries received while in the employ of the do- ■ l'endant company. As a result of the Occident the plaintiff lost one joint of his left hand forefinger, two joints of ■ his left hand middle-finger, and ono joint of. his left hand ■ third litter. The defendant had offered to pay ev-w----pensation in accordance with the j schedule laid down. Plaintiff had al-; ready received £84 on account of the j injuries detailed. „ J The Court found that he was ; in i'd- j dition to this sum, entitled in linal settlement to tho sum of £125. An order was made accordingly, together with £7 7s'. costs and witnesses" expenses. The plaintiff was represented by Mr. 1 • Collins, of Wanganui, a/id tho de:enlant company by .Mr. Myers.