HARBOUR BOARD EMPLOYEES

Greymouth Evening Star, 17 November 1943, Page 2

HARBOUR BOARD EMPLOYEES

APPEAL TO COURT

WELLINGTON, November .16

“If this is a matter of contention on which the Judge of the Court is asked to exercise his discretion, it seems regrettable that there should be remarks in the Press on. it,” said Mr. Justice Tyndall, when the Court of Arbitration to-day made a fixture for the hearing of three appeals against magisterial decisions in cases concerning harbour board employees. Mr. J. F. B. Stevenson, representing the New Zealand Harbour Board Employees’ Union, said he proposed to ask, in all three appeals, that the Judge of the Court should exercise his discretion under section 105 of the Industrial Conciliation and Arbitration Act and state a case for the opinion of the Court of Appeal. Mr. A. L. Monteith, a member of the Court, remarked that the Chief Justice had already decided that the matter had to go to the Court of Appeal. He added that the opinion of the Court of Appeal did not bind the Court of Arbitration.

Mr. Stevenson: In the past this Court if it has sought the opinion of the Court of Appeal, has paid the greatest respect to that opinion, Mr. Justice Tyndall: That may bind the Judge, but I do not know about the majority of the Court. Another aspect of the matter was that the Chief Justice had given a judgment holding that the award was valid, said Mr. Stevenson. An appeal had been lodged by the harbour boards against that judgment. Mr. Justice Tyndall: Ought we not therefore, to postpone the hearing of these appeals? Mr. Stevenson submitted that two courses were open, first, to postpone the hearing of the appeals, or to send forward a case on the appeals for the opinion of the Court of Appeal. If the decision was against the harbour boards, the whole matter would be completed. Mr. Monteith: Someone might take it to the Privy Council. Mr. G. F. Grieve, inspector of awards, Wellington, said he had been asked by Mr. M. J. Gresson, counsel for the inspector of awards, Christchurch, to have his case on appeal against the Magistrate’s decision in the case of the Lyttelton Harbour Board v. the inspector of awards transferred to Wellington for hearing. Mr. Gresson wished to be heard on the question of the Judge of the Court stating a case for the Court of Appeal. “He intends to oppose this, and I will also on behalf of the department,” said Mr. Grieve.

Mr. Justice Tyndall: It is a matter of contention, then. It is a great pity that anybody should pass any remarks on it.

“We would not agree . to a case, stated by the Judge of this Court on these appeals, to be heard by "the Court of Appeal along with the appeal proceedings pending from the judgment of the Chief Justice,” said Mr. Grieve.

A fixture was approved for November 26.