"NOT BONA FIDE."

Dominion, Volume 4, Issue 981, 23 November 1910, Page 5

"NOT BONA FIDE."

PECULIAR LABOUR CASE.

." (By '■ Teleeraph.—Press Association.)'. • • v ' Dunedin, November 22. . Mr. ,Hy.' JViddowson, S.M., , !gave. his ..decision: to-day in a' case in which a firm of painters,- Gear arid Sivertson, were proceeded ' against; by ■ the. Inspector'. of Awards, the latter claiming . ■ ,£lO ;as penalty for a. breach of the Dunedin painters' award.; It was alleged that-de-fendants employed two apprentices: (Wilson and Hunter) in excess, of ~the proportion allowed by the award, or in the alternative they employed Hunter as a painter at less than Is. 3d. per hour, wjthont first, obtaining-', a - permit. A .partnership agreement dated August' 12 was produced by defendants, who claimed that a bona; fide partnership . had been entered , into between . themselves-. and Hunter, and that no evasioriof the award or fraud of {any • kind--;-was.-! intended. Hunter ;was then .'seventeen::years and eight /months -old-. - Bythe - agreementdefendants purported to. adrqi.t ~-Hunter into partnership,for two yenfs;;tho termsbeing .that Hunter was-.to : receive.; oneeighth share of ' tho;. profits on 'the, work dope bv; the firm during that time, such share being at least' £i jjer month for the, first-year,: and not less than,£o per month for the .second year. All other profits were to be divided equally between the: two defendants, all stock to belong to the latter, and- the partnership to be carried on under defendants' names only. The interesj: Hunter had under the agreement was one-eighth share of the profits of. the business,, payable as.stated.. .De-fendants-in the first place wished to take Jlunter as an apprentice, but not being, able, to do' so. sought to ; employ him , as an under-rate worker, in which again they were unsuccessful. A partnership agreement was . entered into. His Worship held 'that, the partnership was not bona fide, and: Ho fined defendants £3, with costs. He added that, bnt for tho fact that, defendants wero working painters,, tho penalty would have been sery much heavier. : ~,, '•