WORK AND WAGES.

Taranaki Daily News, Volume XLVII, Issue 8160, 19 July 1906, Page 2

WORK AND WAGES.

BREACH OF ARBITRATION . AWARD. THE BIGHT TO RECOVER BACK WAGES. JUDGMENT RESERVED. pan press assocutiok. . ' Wblhkotoit, Jnly 18. The Appeal Court has been oooupied in hearing the ease Bailie and Co. t. Arthar Reeoe, The appellants are printers at Pahiatua and the respondent was an employee, not an sppren. tice, but who worked for wages. In 1002 an award was made by the Arbitration Court fixing a minimum wage, and printers' employees and -the appellants were parties to this . award, •. The . respondent continued m their employ for two years after the award, weiring less wages than the minimum stated in the award, but no contract was made to take leas than the minimum rate, and appellants did not comply, with the provisions of the Aeti which allows a lower rate to be paid In certain cases. The appellants had been fined for a breaoh of award and- ao< portion was paid to respondent, who" began an action'Kslaiming £6l 16s, the difference between his rate of pay and the minimum wage in the award The Magistrate at Pahiatua decided against him, but in the Supreme Court the Chief Justice held that respondent was entitled to recover. It was from this latter decision that appeal Was now made, '■•.'■'■

The case wises a very, important question, and is the first of its kind in the colony. The Arbitration Court has been in the habit, when fining employers for paying less; than the minimum fixed by the award, to order that put or the whole of the fine' be paid to the employee, and it is generally considered that the employee has no farther remedy. If the Chief Justice's deoision « upheld every employee paid lest than the minimum wages fixed by arbitration in his ease will be able to bring an action to re*, cover the balanee, and the result will be to involve much, litigation and many thousands of pounds. Mr Herdman for the appellants contended that respondent mast have known that he was entering into an illegal contract, and therefore could" not now sqe on it,

LiTSB. Mr Herdman concluded his argument on behalf of the appellants this afternoon, Dr Findlay then addressed the Court on behalf of respondent. He commenced by remarking on the coincidence that the three judges on the Bench had all presided in the Arbitration Caurt and' were well versed in the provisions and scope of the Arbitration and Conciliation Aet. He then contended that the Aot fixed the status of workmen subject to it, and prevented them from making contracts in variation, of that status. The acceptance of a lower rate of wages by respondent was, therefore, not an illegal contract, for respondent eoald not make a contract. Bcpondent oin'.d sue in the Magistrate's Court, to recover his wagns, and the fact that his employer had been fined in the Arbitration Court tir paying less wajje..j than the award rate did not affeel respondent's right. Dr Findlay con [elutol hi» argument at 143 * tn., and Mr Herdmm then briefly replied. Judgment was reserved.

MOfiE LtGHT WATSfTBR PM *BESB ASSOGU'TKHT. . ' WsitlKSTdir.JulylS. Referenoe to the provision of ; the Arbitration and Conciliation Act, whichstipulates a maximum fine of £SOO for breaches of award, was made in the Court of appeal to-day. There is a vagueness about the provision, and Mr Justice Edwards mentioned that when he was president of the Arbitration Court, he always quoted the exact Words, feeliaK sure that the words meant what thoy meant, though exactly what they meant His .Honour never felt quite sure.. Be had-heard hat Mr Justice Chapman had discovered some sense in "them, but he thought that his brother Judge had found the sense, and the Legislature had found the words.

In the eourse of argument which I followed, Mr Herdmsa contended that i the limit of £SOO, fine for a breach of award, was nothing to prevent subsequent proceedings against the saint! offender for any subsequent breach, Mr Justice Chapman mentioned that the full penalty of £SOO could be im. posed when making au a<rard, and also when making an order of the Court.