ARBITRATION COURT

Otago Daily Times, Issue 22392, 13 October 1934, Page 7

ARBITRATION COURT

DUNEDIN SESSIONS OPENED FIXTURES ARRANGED The Arbitration Court, comprising his Honor Mr Justice Blair (president), and Messrs W. Cecil Prime and A. L.Monteith (assessors), opened its Dunedin sessions yesterday morning. The following fixtures -were made for compensation cases:—October .18, 11.30 a.m. and 2.15 p.m.; October 19,'2.15 p.m.; October 23, 10 a.m.; October 24, 10 a.m.: October 25, 10 a.m.; October 2(5, 10 a.m.; October 27, 10 a.m. In the Otago and Southland (musterers) agricultural and pastoral labourers', dispute the court made an award in terms of an agreement reached between the parties, the award to cover the three districts of Marlborough, Canterbury, and Otago-Southland, with the right of objection reserved to Marlborough and Canterbury. The new award will date from October 1 with respect to wages, and from the date of its filing with respect to conditions. The court also made an award in the Otago and. Southland engine drivers' dispute in terms of an agreement, the award to date from October 1. An application ■to add parties to the award was made on behalf of the employers' by. Mr A. S. Cookson, and was granted. Objections to being made parties to the award were lodged by the Wellington Harbour Board, four major oil companies, and another Wellington firm, the last-named applying for complete exemption, while the others sought partial exemption. The question of these objections was held over to allow of the parties being heard in Wellington. COMPENSATION CASE. The greater part of the day was devoted to the hearing of a claim for compensation amounting to £896 14s made by Janet Johnstone Napier for the death of her husband, Douglas Norman Napier, who died from injuries received in a motor accident on October 22, 1933. The defendants were the Quality Bottled Milk, Ltd. Mr J. P. Ward appeared for the plaintiff and Mr J. S. Sinclair for the defendant company. Mr Ward, in opening the case, said the claim was made by plaintiff on behalf of herself and her child. The deceased had been a motor driver engaged on milk delivery by the defendant company. On the Sunday before Labour Day last year he was returning to his home after completing his morning's delivery, when he was run into by a motor lorry. He was riding a motor cycle at the time, and as a result of the accident he was badly injured, dying in hospital the same day. The only question in dispute was whether at. the moment of the accident the deceased was at work for the defendant company. In answer to a question from the president it was stated that the deceased was riding his own motor cycle. Mr Ward explained, however, that he was doing so under special instructions from the manager, and in accordance with daily practice. At the time of the accident he was on his way to a dairy which was a customer firm of the company. Counsel contended that the deceased was going to the dairy to collect money for two previous deliveries, and also to ascertain the requirements of the customer with respect to the afternoon of the Sunday. Nothing was 'at issue except the point whether Napier .was ,at work at the time of the' accident. After lengthy evidence had been heard the court reserved its decision, and adjourned until Thursday morning.