WITHIN THE AWARD.

Auckland Star, Volume LIV, Issue 267, 8 November 1923, Page 12

WITHIN THE AWARD.

; Sir. W. E. McKean, S.M., gave decij sion yesterday in a ease that came \ before Mr. J. E. Wilson, S.M. on August Jls last. C : . Harris was charged with ■ having committed a breach of an award * by employing a youth to retail milk at I less than the award rate of wages. Mr. I Inder appeared for the defendant. At the J hearing Mr. Wilson stated that if he J did not give judgment for the defendant « he would dismiss it under section lv of " the Act as trivial/ Mr. J. llollows then * asked that a case should be stated for S the opinion of the Arbitration Court as 3 to whether the youth came within the " scope of the award. This was agreed to, ; and the Court decided that the youth did come within the award, although it * appeared from the facts that the youth ■ was not employed to perform all the 3 duties of a retailer. The Court added * that while the circumstances might be L pleadable in mitigation of penalty, they I «iid " not constitute full grounds of ;; defence. £ When the ca?c was stated to Mr. Mci: Kean this morning, Mr. Inder claimed it 5 should be dismissed as trivial, according 6 to. the statement of the late Mr. J. E. '• Wilson. ; After perusing the ease stated, Mr. ; MuKean gave, judgment for defendant t without costs.