STATUS OF BAKERS.

New Zealand Herald, Volume LII, Issue 15951, 23 June 1915, Page 3

STATUS OF BAKERS.

CONTRACTORS OR SERVANTS? ; An appeal from a decision of Mr. E. Tage,'S.M., at Whangarei, came before the Court of Arbitration yesterday. ' The parties were Walter Newton, inspector of awards, appellant, and Henry Green' Wilkinson, of Whangarei, respondent. The inspector, in the original action, claimed to recover from Wilkinson two sums of £10 as penalties, for alleged breaches of the Northern District Bakers and Pastrycooks' Award. The inspector charged Wilkinson with combining with William Charles Howell Driffill and Arnold Yates, at Kamo, between May 25 and August 3, 1914, to defeat the'provisions of the award by entering into an arrangement in respect to the manufacture of bread and small goods at his bakehouse which resulted in l.ess wages per week being paid than is provided by the award. Plaintiff contended that a contract made with Driffill and Yates had not been carried out' by the parties in respect to letting the bakehouse, and. the contractors did not have sole control, as a baker named Graham was employed and paid wages by Wilkinson. It was also argued that the contract was not bona I fide, and that the surrounding circumstances eleary indicate that the object of the arrangement was to defeat the operations of tin award. Counsel for defendant argued before the magistrate that Drimll and Yates were not workers within the meaning of the Act, hut independent contractors. The magistrate held that the relationship existing between the parties was that of employer and contractu), and not master and servant; and the appeal was based on the contention that the magistrate's decision was wrong in . law. The Hon. J. A. Tole. K.C.. appeared in support of the appeal, and Mr. A. F. Skelton for the employer. The Court reserved its decision.