RAILWAYS TRIBUNAL

Greymouth Evening Star, 1 November 1944, Page 7

RAILWAYS TRIBUNAL

JURISDICTION CHALLENGED

WELLINGTON, Oct. 31

The jurisdiction of the Railways Tribunal to determine applications as presented by the Railway Officers’ Institute was challenged by the department’s advocate (Mr. K. G. Read) today. He submitted that all revelant consideration showed that the tribunal’s did not extend to prescribing scales of salaries for officers or positions, but only to prescribing scales of salaries for graaes. It seemed clear, he said, that the legislature intended that the existing method of classifying the first division, which had been followed for almost 50 years, should confine, subject to the rignt of the tribunal to prescribe the salaries for the grades shown in the classification. Dealing with the legal position regarding claims based upon purchasing power parity, he submitted that the tribunal could not, without reference to the Stabilisation Commission, vary the rates of remuneration or the principay conditions of employment if in order to arrive at its decision it used fluctuations in cost of living as a basis.

Mr.'L. Roscoe, for the Railway Officers’ Institute, countering submissions as to jurisdiction made on behalf oi the department, suggested that the tribunal should listen to all the arguments or should refer the question of jurisdiction till after hearing the evidence to be produced by the institute. As far as salaries were concerned, the institute’s case was very largely one of establishing margins for degrees cf responsibility. The institute, while taking into consideation the possible limitation of jurisdiction, submitted that the salary scale could not be adequately reviewed unless treated as an organic whole—both top and bottom limits had to be fixed before a logical scale could be constructed. The tribunal, as a court of inquiry, was concerned chiefly with equity, and was not bound by precedent in the same way .as the Supreme Court or the Court of Appeal. “Should the institute’s suggestion be adopted,” added Mr. Roscoe, “the tranquility of the service will be preserved, but undue delay in announcing decisions on wages and salary questions may have unfortunate repercussions, because the whole service is smarting under a sense of unfair treatment as compared with other sections of the community.”

The tribunal adjourned until tomorrow morning To consider the course to be adopted.