"AN IMPOSSIBLE TASK"

Dominion, Volume 14, Issue 59, 3 December 1920, Page 6

"AN IMPOSSIBLE TASK"

THE NEW LAW ABOUT COST-OF-LIVING BONUSES. During tho hearing of argument in the Arbitration Court yesterday thorc waß nome reforenco to the amendment made during last session in section 18 of the War Legislation and Statute Law Amendment Act, 1018. Mr. Justice Stringer said that the Court had never regarded the litlß legislation as making it mandatory upon the Court, no matter what the circumstances were, to give an increased. bonus in correspondence with the increase in Uio cost of living. The Court had always regarded the power to amend awards b>; tho granting of' cost-of-living bonuses as discretionary, v and the only .real change that he saw in the law was the introduction of a new provision placing upon the workers the onus of proving certain things, Mr. Jf. ,T. Ucardon, ono of the workers' rourosontntives in tho matter before the Court, asked whether it was meant that the onus of proving what the effect of granting a bonus would be on an industry, was placed on the worker*.

Mr. Justice Stringer replied that as far as ho could see the only alteration in the low was that in tho event of the question being .raised whether a. particu-, lar industry would be imperilled, tho . onus was thrown on tho applicant union of proving that the industry was not imperilled. Mr. Reardou:' That is on impossible task. . His Honour: I quite realise it is, rmt that is how I read the Act, and as far as I can see thnt is the only substantial difference that tho amendment has made. ... We have to bo satisfied that the economic continmvjice of tho industry will not be unduly imperilled. It is a rather extraordinary provision, and one very difficult to carry into effect. Mr W. Prvor (employers' -representative) suggested that the former position might not be greatly affected aft?- all, as it would probably come to tho employers having to prove that the industry would be unduly imperilled.