TEST CASE SEQUEL

Waikato Times, Volume 122, Issue 20503, 20 May 1938, Page 10

TEST CASE SEQUEL

SEVENTY-THREE FINED PORT CAMPBELL INCIDENT WATERSIDE WORKERS’ BREACH (By Telegraph.—press Association) WELLINGTON, Thursday The failure of men to work overtime on the Port Campbell in Januar> formed the basis of proceedings* taken by the New Zealand Waterside Employers’ Association for a breach of the award and in the case of J. A. Dooley, heard recently, a penalty of £1 Avas imposed. To-day 73 men were charged before Mr J. H. Luxford. S.M., as the outcome of the proceedings and a similar penalty was Imposed on each. It was stated for the prosecution that all the men had been served except five and it was understood that in order to save another attendance at the Court defendants were prepared to accept service for the other five. Counsel further said Dooley's case had been taken first to save bringing all of the men to Court on one day and the case was taken as a test. As defendants had admitted the breach and not put the prosecution to any expense he was instructed not to ask for costs. Nominal Penalty Sought Mr R. liardie Boys, for the men, said plaintiffs brought one case only. If they failed in that they lost oneIf they succeeded they claimed £7i. They laid odds of 74 to one. He submitted that defandants had saved the Court trouble and difficulty and the Court should make the penalty only nominal. Plaintiffs were introducing 73 more pinpricks into the situation. Counsel objected to the word “pinpricks” and the word was withdrawn by Mr Boys after counsel for the prosecution had again stated that one case was taken originally because it, was not considered right or proper to take 7 4 men from the wharf on one day. Mr Luxford remarked that more had-hren saJd jhat morning than was

ecessary, much more. Those who ad committed the breach must reeive the same punishment as in iooley*s case.