CITY EMPLOYEES
Council Seeks Change In Award The question of whether a solicitor may appear in the Court of Arbitration to support an application for amendment of an award is to ‘be referred by that Court to the Court of Appeal. The point arose on Friday, when the Wellington City Council sought to have struck out of the Wellington City Council Employees’ Award clause 19, which deals with caretakers of parks and waterworks and employees of the reserves department. Mr. P. M. Butler, secretary of the Labourers’ Union, objected to the city solicitor, Mr. J. O’Shea, conducting the employers’ case. Following argument, the Court, retired, and on its return Mr. Justice Tyndall said that none of its three members could remember a solicitor being allowed to appear in such proceedings when objection had been raised. A suggestion from the beneh that Mr. W. JMountjoy, who was present with Mr. O’Shea, remained to advise him w?s not accepted, and it was decided that a ruling from the superior Court be sought. A submission by Mr. Butler that the Court could not deal with the application because it was not intended to repair a defect in the award was overruled unanimously. In the course of the proceedings Mr. O’Shea mentioned a new sub-clause which the city council wished to add to clause 22 of the award, reading: “(c) Any worker mentioned in clause 19 of this schedule who is a member of the said union may, if he thinks fit. resign from the union if the council is willing to place him on its permanent staff. Th‘e said union shall ,be bound to accept any resignation so given and the provisions of this award shall cease to apply to every such person so resigning.” The case was adjourned sine die.
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https://paperspast.natlib.govt.nz/newspapers/DOM19440515.2.12
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Dominion, Volume 37, Issue 194, 15 May 1944, Page 3
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298CITY EMPLOYEES Dominion, Volume 37, Issue 194, 15 May 1944, Page 3
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