ABSURDITY CREATED

Sun (Auckland), Volume III, Issue 906, 25 February 1930, Page 10

ABSURDITY CREATED

LIMIT ON APPRENTICES’ AGES ACT CONTRAVENED The absurdity of a clause in the motor mechanics’ apprenticeship order, fixing a maximum age of 18 for apprentices. in contravention of the provisions of the Apprenticeship Act. was commented upon by Mr. Justice Frazer in the Arbitration Court today. The anomaly was pointed out during tho hearing of an apprentice’s appeal against the decision of the registrar of apprentices in refusing to register an apprenticeship contract. The ground of the appeal was that the provision in the apprenticeship order fixing the maximum age at IS was ultra vires to the Act. Mr. Justice Frazer pointed out that, although the age limit had been agreed to between the parties, the court or the apprenticeship committee could not order anything that exceeded authority given by the Act, which specifically fixed a minimum age for apprentices, but not a maximum age. Therefore, the jurisdiction of the court or the committee was limited by the express words of the Act. If the clause in question was to be treated as valid, an absurdity would be created, because the Act specifically provided for the apprenticeship of persons over 21, subject to certain conditions. The effect of the clause would be that a boy between 3G and 18, and. men over 21 years, could be apprenticed, but a youth between IS and 21 years would bo barred from being apprenticed. The court allowed the appeal, and held the clause in the order, fixing the maximum ages of apprentices at IS, to be invalid.