EXEMPTION FROM AWARD

Press, Volume LXXVII, Issue 23401, 7 August 1941, Page 9

EXEMPTION FROM AWARD

♦ LOCAL BODY OFFICER

ARBITRATION COURT JUDGMENT

“We rule that nothing in the award applies to the accountant to the Ashburton Hospital Board,” said Mr Justice Tyndall, concluding an oral judgment in the Court of Arbitration yesterday, interpreting an exemption clause in the Canterbury Local Bodies' Clerical Award. The case was argued before the Court on Monday, by Mr T. Nuttall for the union, and Mr H. F. Butland for the Canterbury Employers’ Association. Mr S. E. McGregor watched proceedings for the Inspector of Awards. During the hearing, Mr McGregor explained that the board contended that it was entitled to exemption m respect of its accountant. The union claimed that the exemption provided in the award applied only to a small local body which could not pay its only executive officer £350 a year. The board’s staff comprised a secretary rei ceiving more than £350, an accountant receiving the full senior wage, but less than £350, and a typist. _ Mr Nuttall said that the interpretation sought by the employers conflicted with the intention of both parties at the Conailiation Council held before the award was first made. The award provided exemption for workers receiving £350 or more a year, or one senior worker, in the case of each local body, provided such worker (if a full time officer) received in cash or its equivalent at least the minimum wage provided in the award. It was

recognised by the union that many small local bodies, without the-exemp-tion sub-clause, would have to have a single officer, whom they were unable to pay £350, covered by the award. This would restrict them to some extent, whereas their wealthier contemporaries would not be so bound. His Honour said in his judgment that the Court was inclined to agree with Mr Nuttall’s contention that when the clause was originally drafted the parties had principally in mind the smaller local authorities which did not employ any worker at £350 a year or more, and that the exemption was probably intended to be limited to these special cases. However, the Court had to take the clause as it stood, and was convinced that it could not be given such a limited interpretation. The phrase “each local body” could only mean "each local body bound hy the award.”