STOP-WORK MEETINGS

Dominion, Volume 21, Issue 186, 9 May 1928, Page 15

STOP-WORK MEETINGS

ALLEGED BREACH OF ACT

Dominion Special Service.

Auckland, May S. An appeal against a decision given by Mr. Wyvern Wilson, S.M., in the Magistrate’s Court at lluntly in a case which was a sequel to an industrial dispute at Pukemiro colliery last June, was heard in the Arbitration Court to-day. Appellants were the Pukemiro Collieries, Ltd., who, as plaintiffs in the Lower Court, were nonsuited on a point of law in an action brought against the Pukeniiro Coalmine Workers’ Industrial Union for the recovery of £2OO us a penalty under the Labour Disputes Investigation Act for a breach of working agreement. The breach in question, according to the original statement of claim, consisted in the loss of two working days as a result of the holding .of "stop-work meetings called by officials of the union. On the application of Mr. P. J. O'Regau, counsel for defendants, the Magistrate had granted a nonsuit on the ground that under the Labour Disputes Investigation Act there was no liability for a penalty unless a working agreement between the employers and employees had been filed with the clerk of awards. This admittedly had not been done, the interpretation put upon the clause being that registration was a voluntary matter. On behalf of the appellants, Mr. M. .Myers, K.C., contended that the phraseology of the sub-section of the Act in question was permissive and not mandatory. The words “may be filed” were used, whereas in mandatory legislation of the same nature the world “shall” was used. He argued that the Magistrate’s interpretation of the intention of the legislature was not justified where the words were plain as iu the case in point. Addressing the Court for respondents, Mr. O’Regan argued that such working agreements could command no official recognition until they were filed. Mr. Justice Frazer said the Court would give a written decision.