Maoriland Worker, Volume 13, Issue 50, 12 December 1923, Page 2
In the Magistrate's Court, Welliugton, on Tuesday week, last, the Seamen's Union was successful in an action far recovery of & penalty against the Canterbury Steam Shipping Company Ltd., for a breach of the maan'ng clause of the award. Mr. W. T. Young, for the Union, ?x--plaiived that clause 37 of the awvd provided that the manning of a ship should not be reduced until the procedure laid down in the clause, Iα refer the matter to the Disputes Committee, had been carried out. In this particular instance, the ship in question, the Breeze, had sailed one man s>io v t for thirteen days. the deficiftucj teing in the deck department. During this period the vessel had voyaged from Welington to Picton, Lyttelton, Ti3r!aru : and back to Lyttelton, an ail'iiuonal man being engager on'.y v> ron the boat had returned to the la ; ;l• Hien-ttoned. port, and the articles o? had expired. The Company's lawyer pleaded that t'vere was no intention to permananty reduce the manning scale, ;»nJ lhac tfct ship had sailed wit'aout iha fiu." ccmprlixncnt until the capti n wa; 'a-le li sroi a satisfactory man. The znagifltrate, however, aid not a.:"3pt this story. He said ttut tho c.xi»t;iin. being the man fn chcugo of tli-e vessel, was the represents.dvr- of the defendant company, which war. responsible for his actions.. There was no necessity for a captain to engage the first loafer or vagrant who put in an appearance; in ract, it was his duty to see that he gave employment only to suitable men. In this particular case, however, the Court was of the opinion that a 'breach of the awa-rd had ben comm'tted. A penalty of £5 was imposed, and the Magistrate, on the aplication of counsel for the defendant, fixed security of appeal at the amount of the penalty, plus £10/10/0.