CURIOUS LABOR CASE.

Bush Advocate, Volume XXIV, Issue 25, 19 April 1912, Page 7

CURIOUS LABOR CASE.

_. The Feildiug correspondent of the Manawatu Daily Times sends that journal the following report of a singular labour case heard bj T Mr. A. D. Thomson, S.M., yesterday:— Mr. \V. J. Culver, Inspector of Factories, proceeded against Mrs. Amy Sherwell for failure to pay two girls formerly in her employ £4 17s 8d each according, to the decision of the Court on February Bth ,when she *as fined for employing these girls and failing to pay them for working longer hours than required by law. Mr. Ongloy (Ongiey and Kelly) objected to the case proceeding on the grounds that section 43 of the Act of 1908 specified that action must uo taken within one month of the offence. „ Mr. Culver maintained that if the wages remained unpaid it made the offence continuous. Under section 9 the offending party was liable to a penalty of os per day covering the period the wages remained unpaid. His Worship considered the offence was completed on the day that the person concerned failed to pay. Mr Ongiey, as Mrs Sherwell's solicitor, asked the girls to sign a document promising that if the money was' paid they would hand it back to Mrs. Sherwell, and that all they wanted was the receipt to satisfy the Labour Department. When the girls failed to comply with this request, intimidation was used and all kinds of pains and penalties suggested. Mr. Ongiey denied this. He said ho had been perfectly candid about the matter, and read a letter from Mr. Culver, dated February 16th, which said:— "You remarked in Court that if the money was paid to-the girls it would probably bo handed immediately to Mrs. Sherwell, and I quite agree with you, but in order to lessen the probabilities of this being done the Department prefer in all these cases to pay the money direct to the workers concerned, in this case yergt. Bowden would be instnr-iL.'d to ask the giiis to call at his office and he would then hand the girls the amount due to them in hard cash. What they will do with it after they once get it is not for us to say, but there is less likelihood of their handing the money back to the employer than if a cheque was paid,-, or the matter was allowed to be fixed up between the employer and employees themselves'.'-' Air. Culver si'id the business was most unprofe;.sional,. and ho hoped the Law Society would take it \ip. Mr. Ongiey said Mr. Culver was wrong. The girls, had asked Scrgt. B:;wden if they could tega'i'ly give the money back to Mrs. Sherwell, and there being no objection they had followed that course.

ALr Culver said the girls ooai-Id put the money in the fire if they liked after it had been paid to them, but in this instance the money was refunded to Airs. Sherwell practically under compulsion. f His Worship said if it was true the money had been refunded under such conditions it was a matter for further inquiry, but in the meantime section -13 barred the present case from succeeding. All' Culver .said he would recommend the Department to appeal. His \Vorship. dismissed the case on the grounds that action had not been taken in time. Mr. Ongely applied for costs, which Mere refused. Mr. Culver said it was impossible to lay the charge until the offence had been disclosed. Mr Ongiey: The Department should be more up-to-date. Mr. Culver: We don't often have lawyers like you to deal with. Mr. Ongiey: It would make you a bit sharper if you did.