CANCELLED CONTRACT

Dominion, Volume 24, Issue 50, 22 November 1930, Page 10

CANCELLED CONTRACT

Neglectful Apprentice

APPEAL ALLOWED When the Masterton Carpenters and Joiners’ Apprenticeship Committee cancelled the contract of a boy who was giving satisfaction to his employers, but who neglected to attend technical classes regularly, it imposed a penalty which was intended to be enforced only on the application of one of the parties. This view was expressed by Mr. Justice Frazer, in allowing, in a reserved judgment, an appeal to the Arbitration Court from the decision of the committee.

The committee, in cancelling the contract of apprenticeship purported to act under section 5 (4) (b) of the Apprentices Act, 1923. “In our opinion,” said Mr. Justice Frazer, in delivering the judgment of the court, “the proper remedy for a breach of the committee’s order to the apprentice to attend technical classes was an action to recover a penalty, as for a breach of the Act. This is the procedure provided Dy section 9 (2) of the Act. The more drastic penalty of cancelling a contract of apprenticeship is intended to be enforced only on the application of one of the parties. The court accordingly allows the appeal.”