Holiday Wages Cases In Supreme Court Adjourned Sine Die

Wanganui Chronicle, 9 June 1948, Page 6

Holiday Wages Cases In Supreme Court Adjourned Sine Die

(P.A.) Wellington, June 8. "When on so important an issue the Full Court of Appeal is to give a decision and when the parties to this case only want that to which they are entitled, the simpler way would he to stand it over until the Court of Appeal gives its decision,” said Judge O- G. Stevens, in the Court of Arbitration today. He had before him an application by the Inspector of Awards, Wellington, against the Wellington Harbour Board claiming that penal rates of pay for work performed by a shift worker, Percival Clouston Mackay, watch foreman, on Sundays, Saturdays, and Statutory holidays should be included when computing the worker’s pay under the Annual Holidays Act, 1944. The Inspector of Awards, Herbert James Steptoe, was represented by Mr. G. F. Grieve, of the Labour Department. Mr. J F. B. Stevenson represented the harbour board. When the case was called this afternoon Mr- Stevenson drew attention to the position created by the making of a fixture for the hearing of an appeal in the case of O’Donnell v. Walter Buchanan Ltd., by the Full Court of Appeal. In this, said Mr. Stevenson, a decision of Mr. Justice Fair was to be questioned. It was a similar case regarding holiday pay and he (Mr. Stevenson) had intended referring to Mr. Justice Fair's decision in his argument of the present case. He had also intended a reference to the case of Moon v. Kent Bakeries, which had been the subject of a decision by one division of the Court of Appeal. Now he understood the Moon case decision was to be put into a question before the Full Court of Appeal- Both divisions sitting together in the case of Thorley v. the Challenge Phosphate Coy. In Moon’s case decision of one Supreme Court Judge had been reversed by five Supreme Court judges sitting as a division of the Appeal Court by a majority of three to two. Three judges had, therefore, decided each way. O'Donnell's case and Moon s case concerned the same award. “It would place your Honour in an invidious position to ask you to give a decision in these circumstances,” said Mr. Stevenson. He made application for an adjournment. Mr. Grieve said the decision in the present case would be subject to the decisions in Moon and O'Donnell s cases. His only course appeared to be to agree to the adjournment. “It is unfortunate that matters affecting wages should be subject to so much litigation and delay- I put the blame on no one,” said Judge Stevens, in granting the adjournment sine die. A similar position arose after a holiday pay case affecting dairy factories had been argued before Judge Stevens this morning ny Mr. Grieve and replied to by Mr. S. G. Stephenson on behalf oi tX dairy factory cited. In his submissions, Mr. Stephenson referred to the pending action before the Full Court of Appeal and mentioned that the recent legislation enabled the Full Court to overrule the decision of one of its divisions.