ARBITRATION MATTERS.

Dominion, Volume 1, Issue 128, 22 February 1908, Page 6

ARBITRATION MATTERS.

WORKERS'"'COMPENSATION CASE. -' ' i IMPORTANT RULING. i (BT TELEGIUTH-'SPECIAL COBBESFONSEKTi). •. ' Duncdin, February 21.. ■ Judgment was delivered by the Arbitrav ;ion Court in the case, Cole v. the Phoenix :Company,'"on- Wednesday; • a- claim: for com- ■ pensation for injuries, and, settles • the, law upon one point in* connection-with workers'. ■ claims for compensation. .By. 'tho terms of f; : the, Act,-''when a worker is:injurcd,;:he'mustj : if he desires .to claim compensation; give f, notice •to his ' employer -of . his . intention to p mal:o a claim, , and thisvnotice must be given within'three months after, tlio accident.; In ?: Colo's case the claimant's solicitor adiflitted . : that no notice had been given, but contended ■ that, - as /the" company bad ' for • vf'ter ithe . accident- paid half wages 'to the slaimant,-. the. necessity; :for, the notice had been waived.. , ,:'..>.V • i 1 The solicitor' for ■ respondents' stated -that ih/3 company ..invariably .paid half .wages ,to ' in injured x worker , quito r apart', from,. .the ,: qu'estion'of '.whether he was' entitled;to : com: ;. yensation, and' 'submittedthat under the .'. dreumsta'nees ;the .payments made ; ;could ; not . . je ;treated as payments: under' the' Act'- and ; 'the claim could not,'therefore,/bo considered v ■ to have been waived: .-. ' ; For the/claimant, it was pointed out' that :■ Ihe company, said; nothing; to claimant about s .payment being-an -act of graco', and-it was »•••• submitted that the company must be bound ; by theordinaryinferences.'to'.be drawn'from ' their acts. . .■: ■. • ■:.» i Tho- Court's -.judgment was :m: claimant's [ favour,."and!- apparently payment of half irages .may bo- regarded as: waiver of the i . iccessity, for making r a claim within three '• ■ wraths. 'v.,.;-/?' ; VOLUNTARY CONFERENCE v. _____ ARBITRATION. ' ' VIEWS OF MR. SCOTT. .. ■ (BY^-iii.Eciunr—runss associatvoil. - Dunedin, February 2L ; Interviewed-by :a -''Star•''•:roportEr--to-day Mr.. •'William' Scott, Secretary of -tin Otago: Employers' ■ Association, said a. noticeJ." able-feature' ofi. ; thc':'receh"t. sittings;:was ,th« great-'number' pf;;disputes ; .that ;were.-'scttlct i ; ■ ' . iri'-'cbnfofcncp. by the-parties^'intoreSted:. disputes-'were'/set (down'.'fo) j " -i. hearing, and; sis-, of "them - word' sfettled'>with. out .the interference- ofthe/Court. -The ,dis t- • putes settled by the parties-themselves .wer< - .those'of, tJie ..linotype - operators,' hand ; com * -positors,country :-newspapers','-/'engineers electrical - workers,-* arid" tho'-'mctal-worUers ■ assistants. y-. -v Questioned as. to ..whether this form of ■ set tlement; .had-'been Markedly pronounced. oi l ?'• this occasion;' Mr.; Scott -said 'tliat during thi i.. past.twelvo months' he had ; Settled mVlro 'dis i pates iny-conferenco : ;than'.b'oforo-!the'Court r.- N s.Ho..is. a firm believer, in employers and em !':.. ployees. meeting in Conferenceand settlinj ;• thpipdifferences in '.'an amicable way.withou the; interferonce -of!/ outside"'aid:.»>He'fmain tains that agi;'esemerit's -as -made' between til parties,' and; embodied- in awards .of ; thoiCour are .always .-.better' : ;kept,.,-and are, generall; speiking,. more; workable.than'awards^of th Court. Parties -to"; these agreements"-ar experts;", they , aire -thoron'ghly . conversan with all technicalities, and the,minute, thoug! important;'details of!work; 'they provide fo everything ; ;and- they understand the meaii ing of-clauses they themselves 'have draftee It is. a. rare thing for an- applicatidn fo interpretation to - be; made; respecting - a agreement..: ' '- : Mr. Scott claims to have put up a recor in' connection with;,ilabour "-disputes.' - H states that he has conducted 142 dispute ' before the" . Courts I comprising '' almost ever trade,-and;in':all parts:of.the Dominion;>H has "-also-presided; oyer ; '187; cohferehces ; bi tween employers and employees, and : . ho been , successful .' in the ; majority of,. case! > more particularly .of. late. His aim of Jaf years'has been to avoid' tho/Court -as' muc i as possible, using it* only as "a The; greater ; his..- experience , the more coi vinced lie is that employers- did .the rig! tiling when, 7 some three years ago,'they di oided in every case .to?meet tho workers i conference, if possible ;with , a view ,to a amicable settlement,' failing which to tal tlie ; dispute direct, to "the Arbitration'"Cou; toVnllow b'oth sides to 'say'all that could 1 said' on their behalf, : and then to abide lo; ally by the' Court's award; . . .. ■'