ARBITRATION COURT.

Manawatu Standard, Volume XLIV, Issue 1073, 21 July 1924, Page 11

ARBITRATION COURT.

APPEAL AGAINST MAGISTRATE’S RULING. DISPUTED DECISION. Per Press Association. GREYMOUTH. July 19. The Arbitration Court has allowed llic appeal of Air Tyson, Inspector ol Awards, against the Magistrate’s decision of February 12 last dismissing i charge against local tobacconists ol opening their shops on New Year’s Eve in addition to the ordinary late nigln in the same week. The Magistrate Hold that opening was permitted by clause 20 of the award. My Justice Frazer to-day said that nothing in the award could co-operate in a contradiction of the Shops and Offices Act. Tho court had been delegated legislative powers, hut could not go contrary to the Act any more than could a local body in any contravention of flic Municipal Corporations Act. Air Tyson also appealed for a ruling as to whether the Watersiders’ Union, in refusing membership of a certain applicant against whom there was no strong evidence of had character or insobriety, had lost thereby his right to preference. The union secretary. Mr Kirk, stated that two men had left work on the wharf owing to applicant’s behaviour. and several complaints were received from other watersiders respecting the applicant’s alleged bullying habits. The applicant was expelled from the union for arrears in subscriptions, which later were paid when he applied for readmission. The applicant had used abusive language- towards Mr Kirk.

Judge Frazer declared that within the strict legal definition “good character” might cover the applicant’s case and his reasonable sobriety was unquestioned. The question of the union’s justification in refusing membership lead to a broader interpretation of character, which included temperament, etc. The court could not hold that the union’s action was frivolous and therefore the right to preference was unsacrificed.