EMPLOYMENT OF WORKERS.

Taranaki Daily News, 20 September 1919, Page 9

EMPLOYMENT OF WORKERS.

QUESTION OF APPLICATION TO A ONION. Christchurch, Sept. 15. An important reference to the clauses governing the employment of workers was made to-day by Mr. Justice Stringer in delivering his reserved judgment in the case Inspector of Awards v. P. Burke and Co., caterers, of Christchurch. The defendants, were charged that in April they employed a casual worker and failed, in the first instance, to make application to the secretary of the union to supply them with the required worker, contrary to clause 21 of the award, by which they were bound. The clause in question is as follows: "When an employer wishes to obtain the services of a worker he or she shall, in the first instance, make application to the secretary of the union to supply him or her with the required worker, and if the union is not in a position to supply his or her requirements within a reasonable or prescribed time the employer may engage any person, whether a member of the union or otherwise." His Honor said the defendants were caterers, and on certain special occasions, such as race meetings or agricultural .shows, they were in the habit of employing a considerable number of workers, who came within the definition of "casual workers" contained in the award. In the present case there had been a technical breach of the award, which, however, did not call for more than a nominal penalty. Judgment, therefore, would be for 10s, without costs. < "The Court desires to add," continued his Honor, "that, in its opinion, it is open to serious question whether it is within the jurisdiction of the Arbitration Court to impose upon parties such a agreement of the parties. The Court has provision as is contained in clause 21 m the award, which was inserted by the frequently refused to insert similar provisions in cases coming before it where objections have been raised to such insertion, but not on tho ground of want of jurisdiction. As, however, the clause now appears in several awards, it may be desirable to have it authoritatively settled as to whether or not the Court has jurisdiction to insert such a provision in the award, and if in any future case either of the parties so desires, the Judge, of the Court will be prepared to state a case for the opinion of the Court of Appeal."