LONG DISPUTES

New Zealand Herald, Volume LXXIV, Issue 22909, 11 December 1937, Page 16

LONG DISPUTES

COMMENT BY JUDGE ■ MANY DIFFICULTIES RELEVANCY OF EVIDENCE In each instance, Mr. Justice O'llegan attached a memorandum to the four judgments issued yesterday upon the gold mining disputes heard before the Arbitration Court early last month, and commented upon the failure of the parties to reach agreement except in respect of minor matters. The result was, the memoranda stated, the Court was obliged to traverse the entire award in each case. The most lengthy comment was contained in the memorandum at the end of the judgment upon the Ohinemuri and Waihi gold miners' dispute. His Honor said that although this dispute was twice before the conciliation council, the parties failed to agree, except upon a few unimportant details. Hence, the hearing was protracted, and the Court was obliged to settle practically all the clauses in the award. ... "Moreover, in the hope of minimising disputes," said His Honor, the Court has recast the award throughout in a manner explicable, it is hoped, to men engaged in the quartz-mining industry, and in this connection no little difficulty arose in framing the provisions regarding the hours of work. "At the hearing there was much documentary evjdeuce bearing upon the financial position of the respondent companies. In view of established practice, it is not desirable to exclude such evidence, though, strictly speaking, it is not always relevant. "Wages in any industry must necessarily bear a proportion to those obtaining in every other industry. Moreover, regard must be had both to successful undertakings and to those less favourably circumstanced. In this case the Court has decided to fix the wages at the level obtaining in the same industry in the South Island."