INTERESTING LEGAL POINT.

Dominion, Volume 1, Issue 304, 17 September 1908, Page 4

INTERESTING LEGAL POINT.

A HOT 'DINNER AND A BROKEN COLLARBONE. (BY. TEtEGEAra.—SPECIAL CORRESPONDENT.) . ' Napier, September 16. Is it to tho benefit of an employer that a workershould have a hot meal in tho middle of tho day? This new point in industrial law was' argued before a sitting of tho Arbitra- ■ Court; hero to-day. Tho question aroso in a case in which llegalado Rells, a wharf lumper, claimed ~the sum of £9 from , the ■ Union Steam l . Ship. ,- Company .as compensa-; tion for injuries'' which, ho alleged, hp received while -iii the service of the oompauy. Mr. Westall appeared for tho claimant, and Mr. P. S, M'Lean for tho defendant company. .' ; Tho facts of tile caso' which, it'was stated, 'established' a precedent, were that tlio claimant ',was .employed: by. tho Union Steam Ship Company shovelling coal on the Rakarioa'on March' 28:' During the dinner hour ho cycled home for. his meal, and, on his roturh, his machine skidded near tho breakwater, with the result that ho fell and broke his collarbone. It was submitted that there was no provision for refreshments at .the:-breakwater; and in order to get a hot meal; the man had to cycle home and bo back at his-work- within an liour.

-After evidenco had been taken, Mr. M'Lean held there was no caso to answer, and quoted authorities at length. ■Mr.-Westall, .in roply, argued on tho following propositions(l) That tho locality the accident is immaterial if tho man is in'tho, courso of employment; (2) that tho dinner hour is a, part of tho timo of employment; and so also is tho timo going to and from dinner; (3) that a bicycle is a recognised fmode of, locomotion; (4) .that if the company does.not provide means for refreshment,^and,.does';uot provide means of convoyanco'ifqr4heir'omployeds going to and from dinner/ and : dobs'not prohibit their, go* illg off tlio -promises iii meal nours it is-in implied'condition-.of.the term of service that tho men:, can-igq-ito dinner and come back again in their* own-Way, provided it is a legitimate.' way";,;'(s).".that' it is to the employer's .benefit; V;in; the case of laborious work that a mort should havo a- hot meal in tho middle -of tlio' \ day, and that it is tho custom in New .Zealand that a man should havo such a".meal.""'.' . •

Mr. M-Lcany contended that an empioyeo was a frecTm'an during-his.dinner hour, and an employer-could not bo held responsible for him. In regard : to,the point thit it was to an employer's benefit that an employee should have a hot meal in the middle of tho day, he held; that this was in too general terms'-and might lead,to amusing results. It might bo argued that, i because an omployco had. a . arm, it. would be to his employer's benefit that ho'should spoad' a week at Kotorua. Tho president intimated that the Court Would tako time to consider its decision. It is high time ir'ish merchants began to have fleets of .their own, and to fiinulato their ancestors who 'traded 011 tho Levant. We want commercial Sti Brendans .who will rediscover America, exporting their linens, and not Irish women and Irish men. — "Trkli Homestead,", Dublin. . ANOTHER TRIUMPH FOB RHEUMO. Mr. William Hercomb. of Cnba Street, is a well-known.Wellington business man. Bead' how RHEUMO cured him of Rheumatic Gout Uo writes January" 7th, 1908. For many years I suffered with rheumatic pout, and dmmg that time took various medioines recommended to cUris, but,- X regret to say, with very little effcct. Some time ago RHEUMO was brought under my notico by a friend, and at his earnest solicitation I dccidod to try a bottle. I did so, and feeling better, decided lo tako another. Tho result was surprising, and I am pleased-to say that I am now quite well." Try RHEUMO. It will cure you. All chemists and stores, 2s, Cd. and 4s. 6<L a