CLERICAL AWARD

Hawke's Bay Herald-Tribune, Issue 167, 2 August 1937, Page 7

CLERICAL AWARD

-Presfi Association.)

i ■ i i' 9 ' ' Otago Union's Agreement Quashed APPEAL COURT DECISION

(By i'elegraph-

WELLINGTON, This Day. A judgment of extreme impoTtance to clerical workers throughout the Dominion was issued by the Appeal Court tc-day when the Court decided to issue a writ of Certiorari, quashing the award of the Otago Clerical Workers Industrial Union. The case, whieh was that of the Otago and Southland Stock and Station Agents Clerical Employees Union versus the judge and members of the Arbitration Court, the Otago Clerical Workers Union and the Registrar of Industrial Unions, came before tho Court for consideration on June 28. In his judgment the Chief Justice, Sir Machael Myers, stated that the fundamental question was one of statutory interpretation, the issue depending on the meaning of the word "industry " as used in the Industrial Conciliation and Arbitration Act. It was eoneluded that '"'industry" did not include the workei ;s vocation but . was- ; ref erable to the industry of the em- • ployer in which the worker was en- i gaged. On the question of whether the j award had been vightly made, on the j application of the defendant union, His l Honour held that as there was no "in- | dustry" to which it could relate, there j could be no award and the purported j award must be quashed. His Honour thought that a writ i mandamus would lie against the Registrar of Industrial Uiiions to direct him to register the plaintifl? union 's application for registration, but as the other members thought and considered it the j duty of the registrar to consider the J application before registration was i granted, he would not difEer from them j on this point. Jtistices Ostler and Ken- j nedy, in separate judgments, came to j the same conclusion on the main ques- .t tions, while a different view on the j main question as to the caeauing of the j WOrd "industry'* Waa taken by Mr. Justice Callan' who held that the term included and covered the calling or emplOyment of workers. The judgment of tlie Court is that the case is to be referred back to the Supreme Court where a writ of certiorari will be issued to quash the defendant union 's award and writ mandami to the registrar to consider the plaintifl? union 's application for registration as an industrial union and, unloss found not to be in compliance with tht Act, to be so registered. Conditional leave to appeal to the Privy Council was granted.