WRIT APPLIED FOR

Timaru Herald, Volume CLIV, Issue 22701, 30 September 1943, Page 4

WRIT APPLIED FOR

Move To Prevent Hearing Of Appeal SUBMISSIONS TO COURT (N.Z.P.A.) WELLINGTON. Sent. 29. Arising out of the Lyttelton Harbour Board being fined for breaches of award in respect to the payment of wages for holiday and Sunday work, an application came before the Chief Justice. Sir Michael Myers, in the Supreme Court to-day for a writ to prevent the Arbitration Court from hearing an appeal by the Lyttelton Harbour Board. Mr Stevenson, for the New Zealand Harbour Boards’ Union of Employers, plaintiffs in the action, said the Boards were bringing the action with a view to quashing the 1941 Harbour Boards Employees’ Award and prohibiting the Arbitration Court from hearing further claims under the award. The main ground was that the award was invalid owing to its ambiguity. Mr Gresson. for the Harbour Boards Employees’ Union, said if an employer chose he could apply to the Court to have an ambiguous or respective award amended. The standards which counsel for the employers had applied to the language of the award could not be applied to anything in life, but grievances could be remedied by the proper tribunal. Mr Cornish, for the members of the Arbitration court, said he believed the Court replaced the old clause in 1941 for fear of prejudicing, pending appeal. If the submission was correct that the award was invalid because its language was untractable. any award could be upset. Decision was reserved.