SEASIDE SHOPS AND HALF-HOLIDAY.

Star (Christchurch), Issue 17524, 29 April 1925, Page 11

SEASIDE SHOPS AND HALF-HOLIDAY.

ARBITRATION COURT j UPHELD. Per Press Association. WELLINGTON, April 2S. | The Full Court to-day in the case Holloway versus Mr Justice Frazer and others (Court of Arbitration) held that the motion for a writ of certiorari against the Court of Arbitration must be dismissed with costs £lO 10s to respondent. Previously the Court of Appeal had held that the Arbitration Court had no j jurisdiction to alter the statutory half- i holiday. Here, however, it was held J that the Arbitration Court had inter- J preted rightly the power under section ! 69 of the Shops and Offices Act, 1921- j 1922, which gives power to fix the elos- i ing hours of shops on any working day. Section 90 ci the. Industrial Conciliation and Arbitration Act. 190 S. makes a bar to interference with decisions of the Arbitration Court by certiorari or otherwise. It was decided that the Appeal Court would follow the decision of the late Mr Justice Salmond in the case of the New Zealand Waterside Workers’ Federation v. Frazer, namely, that so long as the Arbitration Court acts within the limits of its jurisdiction its judicial acts are not subject to examination or control, whether on the ground of error irregularity or olherAn amendment made by the Arbitral;! tion Court in the award governing the j North Canterbury Grocers’ Assistants I and Drivers whs the subject of an application to the Full Court in Wellington on April 0 to have the amended award quashed. Mr Justice Sim. Mr Justice Adams and Mr Justice Ostler were on the Bench. The plaintiff was Richard Edwin Holloway, represented by Mr R. A. Cuthbert. Mr A. T. Donnelly appeared in defence. The action was taken to avoid the necessity of closing shops in New Brighton, Christchurch, on Saturday afternoons. The 1 statutory chising day in New Brighton is Wednesday. The Arbitration Court* had inserted a section in the award: “ That in those portions of the area in tne ten-mile radius in which Saturday is not the statutory half-holiday, ail grocers’ shops shall be closed from 5.30 p.m. on four days of the week, and from 1 p.m. on Saturday and on the statutory closing day, provided that the occupier of any shop who gives no- : tice as provided in section 14 of the Shops and Offices Act, 1921-22, and ob- ; serves Saturday in lieu of the statutory ; closing day, shall close his shop from 1 5.30 p.m. on four days of the week, from 1 5.30 p.m. on one day of the week, and j from 1 p.m. on Saturday.” The submission was that the Arbi- ‘ era tion Court was not entitled to make such an order, the provisions being outbade the jurisdiction of the Court.