Trades and Labour Council and Mr. Justice Sim.

Maoriland Worker, Volume I, Issue 6, 20 February 1911, Page 6

Trades and Labour Council and Mr. Justice Sim.

ALLEGED UNFAIR DECISIONS [Per Press Association.]

DUN.EDIN, 3rd February. The action of the Arbitration Court in throwing out the application in the shearing shed hands case in Christchurch last November has led to a violent attack on the President of the Court, Mr. Justice Sim, by the Otago Trades and Labour Council. Thie Council protested against the action of the President of the Court, and subsequently forwarded a letter to the Hon. J. A. Millar bearing on the matter.

In the opening paragraph of the letter the Council states:—"We propose to justify our action and at the same time draw your attention to a few of Mr. Justice Sim's inconsistencies and unfair decisions during the time he has occupied the position of President of the Court." The letter goes on to refer to the Council's loyalty to the Court, but says the decision referred to has convinced it that unless something is done immediately to insure that workers will receive fair treatment from the Court they will have to consider seriously the wisdom of advising Unions to adopt some other method of settling industrial disputes.

A COMPARISON. Proceeding, the Council states: "Mr. Justice Sim's decision may be perfectly sound in law, but it is: certainly not in equity. In marked contrast to his decision is the opinion of Mr. Justice Chapman while the President of the Court in 1905. The applicant in that dispute was the Dunedin and Suburban General Carriers and Coal Merchants' Union of Employers. In that case an exactly similar point was raised-—----namely, that when the application was filed there was no dispute, and that the statement that efforts to arrive at an amicable settlement had failed was false. But Mr. Justice Chapman brushed the objection to one side, with the remark that the Court generally recognised that a dispute became a disput immediately an application was The Council contends that Mr. Justice Sim has made awards in many cases where he knew no dispute existed. Complaint is made of alleged inconsistency in the refusal of the Court to make awards for private hotels in Dunedin and Christchurch, whereas an award was made in Rotorua. The farm hands' dispute in Canterbury is quoted as an instance of the judge's unfairness to the workers, also the strike clauses in the Southland timber awards. WHAT DOES THE GOVERNMENT INTEND TO DO? In conclusion, the Council says : 'The question is: What does the Government intend to do in the matter ? If it is intended to 'mark time' and allow things to drift, there is 1 ikely to be an industrial upheaval such as New Zealand has never previously known, during which thousands of innocent people will be made to suffer. If you will take a strong stand and say this state of things shall not continue, we have no hesitation in saying the Conciliation and Arbitration Act will be as acceptable to the majority of the workers as it was in days gone by. , ' MINISTERIAL REPLY. In reply, the Minister states that the matter of the shed hands* , dispute will be carefully considered when dealing with the amendments to the Industrial Conciliation and Arbitration Act. In tho meantime nothing further can be done.