A SHIPPING CASE

Evening Post, Volume CXI, Issue 35, 10 February 1926, Page 15

A SHIPPING CASE

CLAIM TOR WAGES FAILS,

Before Mr. E. Pago, S.M., yesterday * steward named Alfred Phillips sued Levin and Co., Ltd., as agents for, the Manawatu. Shipping Company, Lfcl, to recover the sum of £15 4s, being for wages in lieu of half-holidays which should have been allowed to him in hh "home port,'' i.e., Wellington. ■ Section 6a of the cooks and . stewards' award, tinder which the claim, was made, is as follows:—"Each worker shall *c entitled to be ataent

from his ship in his home port for a •■;■-. time equivalent to four hourß for eaca week he has been employed." Mr. Skedden appeared for the plaintifE, and Mr. J. F. B. Stevenson for i the shipping company. •'■* The plaintiff stated that he signed ■ - -an in Wellington, and under the award 1 ; -that was bis home port, and he was '"-entitled to take his half-holidays there. 'However, half-holidays had been given ':J" to him in Foxton, and as this was conXvftpary.to the award he claimed wagoa "for. the half-days he had not had in Wellington. Under cross-examination by Mr. , .ptevenaon, he admitted that, he had „;"fclends in Foxton and none in Wil- - - lington, and that it was at his own re ;.:„:.quest that he had beon. allowed, to take V,. .Ms half-holidays in Foxton. He could have had them in Wellington if he had §o asked. When paid off, he said lie ■was then satisfied that he had received jail his wages and holidays. Mr. Stevenson submitted that the action waa not founded on either justice or equity, and should be dismissed. It was "pin-pricking" instigated by the union. Further, the action was not "brought within three months of the ■toward being paid off and thereforo could not succeed under the Industrial . Conciliation and Arbitration' Act. Counsel said he desired to enter a „._?trong and emphatic protest against actions of this class being instigated by a --—union. His Worship said that the legal defence must succeed, and said it was contrary td all justice that a steward should bring such a claim after being met by the owners and given his holidays at the port he wished. Costs amounting to £2 12s were allowed •gainst the plaintiff.