COAL-MINING CASE.

Otago Witness, Issue 2914, 19 January 1910, Page 13

COAL-MINING CASE.

LEAVING WITHOUT NOTICE. (Prom Our Own Correspondent.,' GEEYMOUTH, January 12. A case of importance to coal mining companies was decided at Westport yesterday. Mr E. Rawson, S.M., delivered an important judgment in a case in which a miner sued the Westport-Stoekton Coal Company, claiming £4 11s, wages for eight days and six hours, at 10s 6d per day, withheld from him by the company on the (ground that he left his work without giving 14 days’ notice, which the company claimed he was bound to give under the Granity arbitration award. The company counter-claimed £4 11s, damages for failure to give notice. Plaintiff contended that he was not bound by the Grnnibaward, as he was not a member of the Granity Union, and that the company was not bound by the award ; and, so far as the counter claim was concerned, even if the parties were bound by the award, the company could not legally sue for damages, but only for a penalty in lire Arbitration Court. The magistrate held that the company came automatically under the award by virtue of the Conciliation and Arbitration Act; therefore plaintiff, by virtue of the act, also came under the award. The court also held that the company could recover darnaiges. He gave judgment for plaintiff for his claim for £4 11s, and for the defendant company for £4 Us on its counter-claim for damages, costs in each "case to be set oiL