BREACH NOT PROVED

Press, Volume LXXII, Issue 21808, 13 June 1936, Page 22

BREACH NOT PROVED

—,— 4 ARBITRATION COURT DECISION PROCEEDINGS UNDER BUTCHERS* AWARD Judgment for the defendant was given by his Honour Mr Justice Page In the Arbitration Court yesterday in the caas in which the Labour Department proceeded against John Hunter Shaw, butcher, of 679 Colombo street, lo recover £lO as a penalty for an alleged breach of the butchers’ award. For the Labour Department, it was claimed by Mr R. T. Bailey that, between February 7, 1936, and April 17, 1936, Shaw employed W. H. G. liauchop as a first smallgoodsman, paying him £3 a week instead of the award rate of £5 5s 6d. The defence submitted by Mr R. A. Young was that Bauchop was employed as a casual, according to the definition of a casual worker in the award, as a person whose engagement was for lees than five and a half consecutive days. There was nothing in the evidence, it was stated, to show that Bauchop bad ever been employed tor more than five days consecutively. His Honour held that the worker came within the definition of casual worker under the award, as he had not on any occasion been employed for longer than five consecutive days. As he had been paid the rate required to be paid to a casual worker, there hod been no breach of the award.