WAGE RECOVERIES

Auckland Star, Volume LXXIV, Issue 171, 21 July 1943, Page 2

WAGE RECOVERIES

RIGHTS OF WORKERS

AMENDING THE LAW (By Telegraph.—Parliamentary Reporter.) WELLINGTON, this day. Protection for employees against dismissal or altering .of their positions adversely because of their having taken part in industrial union activities is given in a clause of the Industrial Conciliation and Arbitration Amendment Bill introduced in the House of Representatives last night. "9he clause provides that where any employer dismisses any worker, or alters any worker's position in employment to his prejudice, and at any time within 12 months before the dismissal or alteration of the position the worker (a) was an officer of a union or branch, or a member of the committee of management, or held any other official office; or (b) had acted as an assessor on conciliation council; or (c) had represented a union or branch in any negotiations or conference between employers and workers; or (d) was entitled to, or claimed for himself or for any other worker, some benefit of an award, order or agreement, the employer is now to be liable to a penalty. An Employer's Defence It is made a defence, however, to the employer if he proves that the worker was dismissed or that his position was altered for other reasons. Referring to this clause, the Minister of Labour, Mr. Webb, said he did not think there was any case on record where there had been any serious trouble in respect to such treatment of workers by employers, but it was considered advisable that there should be provision for such a contingency. Another clause renders employees who refuse to join a union liable to a penalty not exceeding £5. At present the employer only is liable. The final clause in the bill deals with the recovery of money due to workers under awards and industrial agreements. Without affecting any other remedies for recovery of money payable by an employer under any award or industrial agreement, the clause provides that, where any payment has been made at a rate lower than that fixed by the award or agreement, the balance of the money may be recovered for the worker in the same manner as a penalty for breach of an award or agreement, notwithstanding acceptance by the worker of payment at the lower rate, or any expressed or implied agreement to the contrary. A claim under tills section against an employer may be joined in the same action with a claim against the same employer for penalty for breach of the award or agreement. The Minister said that the clause arose from the case of Wilson versus Dalgety, and from harbour board cases where employers had not paid overtime rates for Sunday and holiday work, in accordance with decisions of the Arbitration Court, but had endeavoured to have civil action taken for recovery in order that they might obtain a Supreme Court- decision, apparently anticipating that the Supreme Court would give a decision contrary to that given by the Court of Arbitration. The bill was read a second time pro forma and referred to the Labour Bills Committee.