NICE POINT OF LAW.

Manawatu Times, Volume LXV, Issue 1820, 11 January 1913, Page 5

NICE POINT OF LAW.

TRAMWAY APPEAL BOARD

(Press Association. —By Telegraph. Dunedin, Last Night. At a sitting of the Tramway Appeal Board to-day, before Mr Widdowson, S.M, G. G. Marlow, W. Belcher, and George Lanborn appealed against their dismissal from the employ of the Dnnedin and Kaikorai Tram Coy. for alleged continued disregard of the gripman's instructions with reference to talking to passengers. Mr Irwin appeared for the appellant and Mr Stephens for the Company. , * Mr Stephens said he appeared under protest, as lie wished to raise the point that there was no ground of appeal. Appeal only lay where there had been dismissal of insufficient canse. There were two ways of dismissal. First, a week's notice from either side; second, summary dismissal for a good and sufficient cause.

The employers by award was given the absolute right to terminate an engagement on a week's notice, and if there was a right of appeal, then that provision was quite illusory for the Act created this situation that once an employee entered the service he was there for life unless he committed some fault. Mi Irwin contended that if Mr Stephens's contention was correct then the Act was a farce. He submitted that the employees had a right to appeal in all cases, this right was unquestionable where the dismissal was in the nature of a punishment. Mr Widdowson said Mr Stephens had raised a nice point, but the appeal would go, and the Board would further consider the matter after hearing the evidence. Evidence was then given by the appellant and other employees and Joseph iHunter (manager). The proceedings were adjourned till Monday. ' '