ARBITRATION COURT DECISIONS

Press, Volume LXXXIV, Issue 25629, 19 October 1948, Page 3

ARBITRATION COURT DECISIONS

JUDGMENT FOR DEFENDANT "It' must be remembered that this Is a Court of Arbitration, and we must strive to see, where possible, that substantia] justice is done between the parties, whatever the technical position may be," said Judge Stevens, giving his reserved decision yesterday on two claims by the Inspector of Awards (Mr C. P. Collins) against the Automobile Association (Canterbury). One claim was for a penalty of £2O for an alleged breach of the Tearooms and Restaurant Employees’ Award and the other one was for a penalty of £lO for failing to pay an employee. C. Griffiths, the minimum wage prescribed by the award. Mr R. Twyheham appeared for the Automobile Association at the hearing on September 20. Insofar as the claim regarding C. Griffiths was concerned, the worker was an elderly man and was the witness called for the plaintiff, said Judge. Stevens. Obviously he was a keen billiards player and was on the premises to enjoy this pastime without cost to himself and in a congenial atmosphere. There was no evidence that he did cleaning and the evidence on supplying cups of tea was indefinite. He seemed to have done the latter duty just when he felt disposed. He offered to make tea without remuneration, but the Automobile Association executive did not wish him to do it. He would have been, lawfully entitled to do it, provided he received nothing in the way of remuneration or privilege for doing the work. If judgment were given for the plaintiff it .would doubtless result in Griffiths doing the work without remuneration, which, if accepted by the Automobile Association, would mean that the loss fell on this elderly man. It was a

proper case where judgment could be entered for the defendant. In the other claim, Albert Blackburn, a steward, came within the ambit of the award and should be a member of the union. His evidence was that on three occasions he went to the Trades Hall and tried to join the union, and finally sought to overcome any breach of the law by trying to join another union. In view of his conduct—and his employer was entitled to the benefit of that—the matter would be adjourned for one month to allow Blackburn to join the union. If he did so. judgment would be given for the defendant.