BREACHES OF AWARD

Northern Advocate, 11 July 1927, Page 7

BREACHES OF AWARD

INGENIOUS DEFENCES. (Special to “Northern, Advocate”) AUCKLAND, This Day. The Inspector of Awards in the Arbitration Court this morning' claimed a CIO penalty from Messrs Wajter Buchanan Ltd., ami Messrs George Kent and Sons, Ltd., of Auckland, bakers, for breaches of the Northern Industrial District Bakers’ and Pastrycooks’ award. The Department’s case was that Kent’s delivered bread and Buchanan’s baked on the King’s Birthday. Kent’s defence set out that a quantity of stale bread was sold by a shareholder, who delivered it in his private car to regular customers, who urgently 7 needed it. Mr Justice Frazer said that important words in the danse of the award prohibited the delivery as well as baking on stipulated holidays, but he held that the defence must succeed as the person who delivered the bread was not covered by the award and hence the prohibition was nugatory, as far ms the shareholder was concerned.

Buchanan’s held that they could bake on holidays, but could not deliver. Justice Frazer held that there had been a technical breach 7 , which ho recorded without penalty, observing that the baking was not against the spirit of the prohibition, as the bread was intended for sale on the following day.