AN APPRENTICE'S TERM.

Taranaki Daily News, 4 October 1920, Page 5

AN APPRENTICE'S TERM.

INTERRUPTED BY THE WAR. AN IMPORTANT JUDGMENT. By Telegraph.—Press AssociationAuckland, Judgment was filed by the Arbitration Court this morning in the case of the inspector of awards v. A. and 6. Price, Ltd., engineers, Thames, which involved the status of an apprentice whose term was interrupted by the war. This was an action to recover from defendants a penalty for a breach of the boilcrmakers' award, the allegation being that defendants employed one E. Penno as a boilermaker, and jjaid him less than the award rate. Penno was apprenticed in 1914 for six years, but was called up in July, 1918, for military duty. He was discharged on November 25, 1918, and under section 40 of the War Legislation Act the contract between Penno and the company was deemed to have been suspended during the former's military service and for six months thereafter, unless revived in accordance with the provisions of the section. These steps were not taken, and the apprenticeship lapsed. When discharged Penno could not get work at Price's, jind went to Wellington, where he worked at hia trade for three months. He then returned to Thames, and again got work at Price's. The original award under which Penno was apprenticed provided for an apprenticeship of six years, but in the meantime a new award was filed, and it provided for five years' apprenticeship, Penno, when his five years were up, applied for a journeyman's wages, but the company contended that ho had entered into a six years' apprenticeship, and therefore had another year to go. The Court held that Penno, having served five years, was a journeyman within the meaning of the award, and was entitled to a journeyman's wages. The original contract of apprenticeship had been determined, but Penno had qualified himself as a boilermaker by five actual years of service at the trade. The Court held that a breach of the award had been committed, but not wilfully, as it >vas probably due to a misapprehension of the legal position. A nominal penalty of £1 was imposed.