COMPANY SHOULD PAY “LIKE A GENTLEMAN”

Sun (Auckland), Volume I, Issue 169, 7 October 1927, Page 13

COMPANY SHOULD PAY “LIKE A GENTLEMAN”

WATCHMAN’S OVERTIME COURT NOT A LEVER When a seaman signs liis discharge under the Shipping and Seamen Act he completely discharges his employers from further liability, unless lie lodges a protest at the time. Whether or not the Northern Steamship Company was Justified in taking advantage of the Act in respect to overtime due to a nightwatchman after an interpretation given by the Arbitration Court, was a Question the court had to decide this morning.

The inspector of awards, Mr. G. F. Grieve, acted for the Department of Labour and Mr. R. McVeagh for the company. The facts which related to overtime due to a nightwatchman on the Matangi were agreed on and the inspector asked for a £2O penalty. Ml-. Justice Frazer gave Judgment that the company had been given a complete release by the worker’s signing his discharge. The penalty was asked for to make the court a lever to force the company to do something it was not legally bound to do. However, the usual thing when an interpretation was asked for and given was for the employer to pay up from the time the Question was raised until the decision was given against it. His Honour ruled that only a trivial breach had been committed and in regard to the overtime that the company in justice should pay up "like a gentleman.”