NOMINAL PENALTY.

Auckland Star, Volume LXX, Issue 132, 7 June 1939, Page 6

NOMINAL PENALTY.

CITY COUNCIL SUED.

AWARD BREACH CHARGE.

(By Telegraph.—Press Association.)

NELSON, Tuesday

In a case brought by the inspector of factories again*t the Nelson City Council alleging breaches of the NewZealand gasworks' employees award by the payment of stokers' wages to five men carrying out the duties of leading hands, Mr. T. E. Maunsell, S.M., gave reserved judgment for the plaintiff. The magistrate said it was not a case of any attempt at evasion of the council's obligations, and therefore he would impose a penalty of only £1 5/.

The proceedings were taken for the purpose of obtaining a ruling from the Court upon a bona-tide dispute tha.t had arisen as to whether the five men were entitled to extra hourly wages as being leading hands, the magistrate said, the council contending they had not been appointed leading hands, and were not so in fact. In his opinion the men were leading hands.

"I uphold the Department's contention, but the case clearly calls for a nominal penalty," added the magistrate after giving detailed reason* for his finding.