APPEAL DISMISSED

Evening Post, Volume CXXXVIII, Issue 81, 3 October 1944, Page 6

APPEAL DISMISSED

HARBOUR BOARD CASE

P.A. CHRISTCHURCH, This Day. A decision of Mr. F. F. Reid, S.M., against vthe Lyttelton Harbour Board for two breaches of the New Zealand Harbour Boards' Employees Award was upheld in a written judgment of the Arbitration Court delivered by Mr Justice Tyndall. . "A similar case in which 'the same employer, the same worker, and same issues, were involved, was dealt with by the Court on appeal in 1942," states the judgment. "During the hearing of the present, appeal no fresh argument was advanced. Mr. J. F. B. Stevenson, for the appellant, . however, informed the Court that certain further proceedings by way of originating-sum-mons had been issued and suggested that perhaps the Court in its discretion might defer its decision on the appeal until the ' originating summons "had been dealt with.

"We have given consideration to Mr Stevenson's suggestion, but in view of the fact that over a year has elapsed since the learned Magistrate delivered his judgment We feel that the appeal should be disposed of without further delay. As we cannot distinguish the present case from our previous decision in 1942 and as no fresh argument has been advanced we must dismiss the

™ h£ a PPeal was from the decision of Mr. Reid on Augusts last year, awarding a penalty of £25 on each of two charges against the Lyttelton Harbour Board for breaches of the' 1941 award in not paying C. Welch, boatman, the wage rate of the award. The question for the Court was whether Mr Keids decision.was right in law.