BREACHES OF AWARD.

Auckland Star, Volume LXVI, Issue 244, 15 October 1935, Page 9

BREACHES OF AWARD.

SEWER BUILDING CONTRACT. ! DECISION OF APPEAL COURT. (By Telegraph—Press Association.) WELLINGTON, this day. On September 18 the Court of Appeal heard argument upon a case stated by Mr. Justice Page in connection witli a claim brought in the Magistrate's Court at Wellington by the Inspector of Awards, John Gcorgeson, against Michael Gordon Templeton, a contractor, for a penalty in respect of alleged breaches of the Wellington Industrial District Builders, Contractors and General Labourers' Award concerning a contract taken by Templeton to erect a sewer outfall at Makara. The Court delivered judgment this morning. The Chief Justice, Sir Michael Myers, Mr. Justice Smith and Mr. Justice Fair held that the award applied to the contract in question, and that there had been breaches of the award by Templeton up to October 20. On October 20 there had been a bona-iide dismissal of the men and a re-cngage-ment on the following day. Consequently, from the 21st onwards Templeton was not bound to pay the increased rate. Mr. Justice Reed and Mr. Justice Johnston, on the other hand, held that in view of the particular circumstances of the case, although the award applied, there had been no breaches at all. Judgment was delivered in accordance with the majority of the Court.