A PLAINT NOTE

Evening Post, Volume CVII, Issue 142, 17 June 1924, Page 8

A PLAINT NOTE

AND NEED FOR AMENDMENT.

Tho legal appellation of the Wellington City Council came in for consideration before Mr. E. Page, &.M.,- in the Magistrate's Court to-day, when the Labour Department, represented by Mr. J. Jackson, proceeded against the council for an alleged breach of the Wellington Painters and Decorators' award. It was contended by the Labour Department that three painters had been employed by the City. Council on 3rd February (painters' picnic day), and had not been paid double rates of pay, as required by the award.

Mr. J. 6'Shea, who appeared for the City Council, asked that the case be dismissed. He objected to the plaint note on the grounds that it was not in the terms of the statute.

Mr. Jackson said the Wellington City Council was named as partners to the award, and accepted service of the conditions of the award.

Mr. O'Shea pointed out'that the Court ha-d no power to amend tho plaint note.' The men, he mentioned, had been paid full time on the Corporation picnic day. His Worship remarked that the Act Tras stupid, and he would certainly make an amendment if he had the power. He considered the archaic provisions in the statutes should be amended. He stated he would take time to consider whether the Court had power to amend tho statement of claim.