NONSUIT GRANTED

Dominion, Volume 26, Issue 301, 15 September 1933, Page 12

NONSUIT GRANTED

Theatre Worker’s Wages ALLEGED AWARD BREACH A nonsuit was granted against the secretary of the Wellington Theatrical Employees’ Union by Mr. W. F. Stilwell, S.M., in the Magistrate's Court on Wednesday, in a case in which the union proceeded against Lyall Bay Pictures, Ltd, for allegedly employing one A. Millard, a member of the union, as a caretaker and doorkeeper nt'the Seaside Picture Theatre, Lyall Bay, at a weekly wage less than the rate prescribed by the award. The facts stated were that Millard, who resided with his wife in a flat on the premises, -was both caretaker and doorkeeper. It was alleged that the duties Millard performed made him a caretaker, entitling him to a wage of £4/2/8 a week. It was contended for the defence that the company had given Millard, who had been a relief 'worker, a home for himself and his wife, and was employing them as dookeeper and usher respectively at award rates, which amounted to £l/4/6 a week each. It was contended that the union was estopped as it brought the prosecution after the whole matter had been satisfactorily arranged by the Labour Department with the consent of employer and employee. It was pointed out that small suburban theatres could not possibly afford to pay a caretaker specially at the rate provided tjy the award. There had been no proof by the union of the passing of a resolution which was a condition precedent under section 130 of the Act for the bringing of a prosecution. The magistrate said he would not go into the merits of the case because the failure to prove any resolution was, in his opinion, fatal to plaintiff’s case, and he would therefore be nonsuited with costs and witnesses’ expenses. Mr. C. J. O'Regan appeared for plaintiff, and Mr. W. E. Leicester for defendant company.