SEAMEN'S HOLIDAYS.

Auckland Star, Volume LVI, Issue 185, 7 August 1925, Page 7

SEAMEN'S HOLIDAYS.

INTERPRETATION OF AWARD.

ARBITRATION COURT'S DECISION.

At the last sitting of the Arbitration Court at Auckland an application was made by all parties interested for an interpretation of a clause in the Seameh and Firemen's award, dealing with the question of holidays. The point which tho Court was asked to decide was whether a seaman invalided ashore from a ship with illnees or accident, after having completed more than three months' but leee than six months' service was entitled to payment in lieu ot lea-ve-ef absence under clause 37 of the award. In its judgment, the Court states thnt clause. 37 (f) of the award covered a Case in Which the employer had determined' the employment of the seaman for -any than the act of default of the latter; in other words, a ease in which the employer had dismissed the seaman, and so prevented him from completing the necessary petiod Of service to enable him to claim a continuous service holiday. "Discharged" was a technical term, and was used whether the seaman asked to be 'signed „ off, or was signed off in consequence of having been given notice of the termination, of his employment, or -was :signed" off at* the direction of the superintendent. The wording of the Shipping and Seamen Amendment Act could not be read into the award, and, in such a case, the Courfs opinion was that the employer had not determined the, employment, but that it had been "determined by operation J&SgIS&S.-