ARBITRATION COURT'S JURISDICTION

Dominion, Volume 13, Issue 254, 21 July 1920, Page 3

ARBITRATION COURT'S JURISDICTION

IS THE "PLACE OF ENGAGEMENT " CLAUSE ULTRA VIRES?

APPEAL COURT TO DECIDE

, Whether the Arbitration Court lias pow»r to insert in an award what is generally known as n, "plane of enengenient" clause is the elFcct of a question at present before the Court of Appeal. In making ah award in the Auckland hotel and restaurant employees' dispute, the Arbitration Court inserted rhe following clause, which had been agreed upon by the parties and was among the recommendations sent forward from the Conciliation Council

When an employer wishes to obtain the services of a worker, lie or she shall in the first instance liiake (in application to Hie secretary of the . union to supply him or her with tho required worker, and if ihe union is not in a position to supply bis or her requirements within a reasonable or prescribed time the employer may engage any person whether a member of the union or otherwise. On December 11, 11)19, the Inspector of Awards at Auckland prosecuted an employer named W. Anderson for an nlleged breach of the clause in question. The matter came before Mr. Justice Strincer in the Arbitration Court, and His Honour decided that he would state a case for the Court of Appeal. The Court of Appeal was consequently asked yesterday to consider whether the insertion of the clause was ultra vires of tho Arbitration Onrt. Mr. P. J. O'Regan appeared for the Hotel ,nnd Restaurant Employees' Federation. _ There were no other counsel engaged in the case, the Labour Department and Anderson being unrepresented. . Mr. O'Regan was granted leave to submit a written Moment. The Court, adjourned till Friday.