CLAIM DISMISSED

Dominion, Volume 26, Issue 67, 12 December 1932, Page 2

CLAIM DISMISSED

Alleged Award Breach Judgment for defendant was given by Mr. T. B. McNeil. S.M., in the Magistrate's Court on Saturday in a ease in which the Inspector of Awards claimed a £lO penalty from the Direct Aerated Water Supply Company, Ltd., for an alleged breach of the Motor and Horse Drivers’ Award. The Labour Department contended that the company had employed a driver named Bowers without paying him the minimum award rate of wages. Prior to April, 1932. stated the judgment, Bowers and three others had been employed as drivers by the company and paid at least the award rate of wages. For some time the company's business had been falling off, and on this account Bowers was given notice. On April 30 the company sub-

mitted a proposal to him that he should become a selling agent of the products. Bowers entered into an agreement whereby lie was allotted a certain territory in which to sell the company’s products, which he was to buy at a scheduled price and retail at another fixed price. There were vari us provisions in the agreement regarding the conditions upon which Bowers would have the use of one of the company’s trucks. He had to purchase his own petrol. The magistrate said that, to his mind, there was nothing in the evidence to indicate that the company exercised ■ any form of control over Bowers other than that expressly specified in the agreement. He paid for the goods, ami was entitled to sell as much ns he could. "He was, in my opinion, not a servant but a contractor.” concluded Mr. McNeil in giving judgment for the defendant company. On the application of Mr. J. Georgeson. who appeared for the Labour Department. the magistrate fixed security for appeal at £7/7/-. Mr. Rolling. Palmerston JtSlth, appeared for the defendant company.