APPEAL TO COURT

Dominion, Volume 33, Issue 195, 14 May 1940, Page 5

APPEAL TO COURT

Wages Fixed For Casual Harbour Workers

An appeal against a decision by Mr. Gilmour, S.M., delegate of the Court of Arbitration, concerning a wages clause in the Wellington Harbour Board Labourers’ (other than regular hands; Award, was heard by the Court in Wellington yesterday. After submissions had been made by .Mr. W. .1. .Mountjoy, who appeared for appellant, and .Mr. I’. M. Butler, who represented the workers, the Court reserved its decision. The Court consisted of .Mr. Justice Tyndall, and .Messrs. W. E. Anderson (employers’ representative) and A. L. .Monteith (workers' representative). The employers contended that the nmgistr.-ite. in arriving at Ivis decision, had taken the rate paid for genera! hands, under the New Zealand Harbour Board Labourers' Award, which was a weekly rate, as tiie basis for arriving at tiie casual rate, and had a;>plied this principle in the same way as the Court applied the principle of fixing Hie weekly wage on the basis of the casual workers’ rale. It was submitted also that tire magistrate had worked on a reverse policy to that set out by the Court in a previous memorandum :—

"Apparenly the delegate of the Court has set out. to build a new and different standard from that of Mr. Justice O’Regan,” said Mr. Alountjoy, "because he says in the memorandum to the Wellington Harbour Board Labourers' (other th,'in regular hands) Award, dated January 16. 19-10: 'Tiie Court’s policy is to award casual

workers an hourly rate which will yield them for a 40-hour week an amount of 5/- in excess of the rate prescribed for weekly workers. Applying this policy, I have lixed the base rate for ordinary labourers at 2/6 an boar. . . ” Air. Butler said the delegate to the Court was appointed with the consent of all parties to assist in the settlement of industrial questions in order to get. through the work as quickly as possible. Mr. Gilmour knew industrial law thoroughly, and if rehearings in the guise of appeals came before the Court more time would be wasted than the amount saved. No hourly rates had been lixed in the New Zealand Harbour Board Labourers' Award, Mr. Butler added, and the parties hud agreed to a base rate of £1 15/- for a -10-hour week. Tim delegate did not upset any arrangement imide in respect of tiie Court's pronouncement. '(’lie casual men in question were required Io work alongside workers who were receiving £ -1/15/. a week, a ml were subject to the same discipline and orders and had to do tiie same type of work.