ARBITRATION COURT

Evening Star, Issue 19375, 8 October 1926, Page 6

ARBITRATION COURT

A SHIP STEWARD'S CLAIM [Pur United Press Association.] AUCKLAND, October 8. The case of a ship's steward who fell downstairs on the steamer Rarawa and broke his leg a few minutes after getting the worst of a light came before the Arbitration Court. The steward, Perry C. Earl, brought a claim under the Workers’ Compensation Act against the Northern Steamship Company, alleging that he jhad been totally incapacitated since the accident. Counsel for Earl stated that on July 1 a passenger name aboard with friends and wanted to have a drink. Earl, who was on duty, suggested that they should go to the pantry, but another steward, Davis, intervened, and took them to a cabin. Earl was angered by this, and followed them. Davis was at the cabin door. Earl pulled him back, and a fracas followed, but Earl would deny that any hard blows were struck. The men were separated, and Earl, going towards the stewards’ quarters, was descending the companionway when ho fell, breaking his left leg below the ankle. Counsel submitted that the injury arose out of and in. the course of Earl’s employment. Earl, in his evidence, said he pulled Davis out of the cabin because ho thought the passengers were “ his people.” The case for the defence was that Earl’s injury was duo to a breach of duty in leaving the saloon for his private purposes, and also to his own gross 'misconduct to _ the passengers concerned, who were in the charge of Davis, and Earl had nothing to do with the passengers’ luggage. Davis, in his evidence, said he obtained permission from the second steward to take Ihe passengers and his friends to a cabin. Judgment was given for the defendant company. A WATERSIDER’S DEATH. The court is hearing a claim by Margaret James Dutbie lor compensation arising from Ihe death of her husband, James Dntliio, a waterside worker, aged fifty-one, who on July 20, 1920, met with an accident in the course of his employment on the Onehnnga wharf, and died on November 130 in the hospital. ; The defence is that Duthio died of tuberculosis, and not as the result of the accident. Counsel (nr the plaintiff said the evidence would show that, deceased had shown no evidence of tuberculosis, and the plaintifl would say that Ihe disease was aggravated by the accident. BRICKLAYERS’ AWARD. In its reserve! .judgment in connection with Ihe bricklayers’ award the Arbitration Court ruled that the payment of travelling time end faros was apart from wages, and that higher wages than those prescribed wore not payment, nor the substitution lor payment, of travelling time. The judgment followed the'settled law that, il an employer agreed to pay higher wages than the award rale he was bound to pay for overtime at a rate proportionate to the actual wages paid.