TRIBUNAL'S POWER

Gisborne Herald, Volume LXXI, Issue 21550, 1 November 1944, Page 4

TRIBUNAL'S POWER

RAILWAYMEN’S CLAIMS JURISDICTION QUERIED (P.A.) WELLINGTON, Nov. 1. The jurisdiction of the railways tribunal to determine applications as presented by the Railways Officers Institute was challenged by the department’s advocate, Mr. K. G. Reid, yesterday. He submitted that all relevant considerations showed that the tribunal s power did not extend to prescribing the scales of salaries for officers expositions, but only to prescribing the scales of salaries for grades. M seemed clear that the legislature intended that the existing method oi classifying the first division, which had been "followed for almost 50 years, should continue, subject to the right 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 coulcl not without reference to the Stabilisation Commission vary the rates of remuneration or principal conditions of employment if in order to arrive at its decision it used fluctuations in the cost of living as a basis. Mr. L. Roscoe, for the Railway Officers’ Institute, countering.the submissions as to the jurisdiction made on behalf of the department, suggested that the tribunal should listen to all the arguments, or should defer the question of jurisdiction until 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 of responsibility. The institute, while taking into consideration 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 not bound by precedent in the same way as the Supreme Court, or 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 the 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 this morning to consider the course to be adopted.