THE WAGES RISE

New Zealand Herald, Volume LXXVII, Issue 23748, 30 August 1940, Page 12

THE WAGES RISE

WITHHELD PAYMENTS LEGALITY CHALLENGED ACTION BY LABOURERS' UNION E.BY TELEGRAPH; —PRESS ASSOCIATION j WELLINGTON. Thursday The Court of Arbitration was asked to-day by Mr. P. M. Butler, secretary of the New Zealand Labourers and Related Trades' Union of Workers to docido the legality or otherwise of the action of some employers in withholding, pending the hearing of applications for exemption, the 5 per cent increase in wages made by the order of the Court which came into force on August 9. Decision was reserved. Mr. Butler contended that no action on the part of the employers should prevent the workers receiving the benefit of the increase. He pointed out that in 1931. reductions in wages had been made and in no case had reductions been withheld pending appeals. The order of the Court, ho contended, had been arbitrary. Mr. H. J. Bishop, on behalf of the employers, said the employers who had withheld payment had done so on his advice, if the employer were to pay the increase and later on bo successful in an appeal for exemption he would have no means of recovering the extra amount he had paid out. If he failed in his appeal he could make retrospective payment. Mr. Butler said the arguments of both the employers and the workers had boon heard before the Court made the general order oil August 9. The Industrial Conciliation and Arbitration Act provided that there could be no appeal from an award. Mr. Bishop said the award was not made under the Industrial Conciliation and Arbitration Act, but under the Emergency War Regulations.