"The Law's Ineptitude."

Waikato Times, Issue 12860, 6 May 1914, Page 2

"The Law's Ineptitude."

MR JUSTICE STRINGER S WORD. AUCKLAND, last night. Air Justice Stringer lias forwardod to Auckland his judgment in a case stated by .Mr C. C. Kettle, S.M., under the section which states that every employer who dismisses any worker merely because he is entitled to the benefit of an award is liable to a penalty not exceeding The Magistrate had found as a fact that Schneideman Bros, discharged certain tailors because they claimed overtime under the tailors' award, and because the Inspector of Awards sued and obtained judgment against the firm for refusing to pay. .Mr .Justice Stringer said that the question was whether, upon the tacts found by the Magistrate, it could properly be held as clearly proved that the workers were dismissed solely because they were entitled to the benefit of an award. He thought not. The workers were dismissed not because they were entitled to the benefit of an award, but because they took steps to enforce pay merit of what they were entitled to. "There certainly seems no good reason," he said, "why an employer who dismisses a worker because that worker lias enforced the provisions of an award against him should not be equally guilty of an offence as in the case where he has dismissed tin- worker merely because the latter was entitled to the benefit of the award, and the section in question may have been, and probably was. intended to have that effect, but as the Legislature has failed to use apt language to give effect to any such intention, we cannot extend the words of a penal provision so as to incline a case not expressly provided for.' 3