DEFEATING AN AWARD

Hokitika Guardian, 3 October 1931, Page 3

DEFEATING AN AWARD

PART OF WAGES RETURNED. <By Telegraph — l'er Press Association) CHRISTCHURCH; September 2. A method of defeating an Arbitration Court award while maintaining the appearance of complying with it was revealed in the JVl]agi;s,t!ratb’s Court to-day. The facts, as proved, were that Henry Cyril Barnett, timber merchant, employed Stanley, Heyder, and in order to avoid the payment to him of the award rate, of wages, agreed with Augustus ■ Ernest Heyder, his father, to whom Stanley Heyder regularly handed over his wages, that, though the amount entered in the wages book and actually paid over should ocmply witjli the award, Augustus Heyder should refund to Barnett one-third of this sum, about thirty shillings weekly. When Stanley Heyder was eventually dismissed by Barnett, thirty-six pounds of the refund was still unpaid, and Heyder senior gave a promissory note for the amount. On this note, Barnett sought to recover in the Magistrate’s Court to-day from Augustus Heyder. The Magistrate, Mr H. A. Young, held that the promissory note was given for an illegal consideration, or for none at all, in pursuance of a fraudulent agreement for the purpose of defeating the Arbitration Court award. Judgment was given for tbe defendant, Augustus Heyder, with casts.