“HASTY AND ILL-ADVISED LEGISLATION.

Gisborne Times, Volume XXX, Issue 3483, 25 March 1912, Page 2

“HASTY AND ILL-ADVISED LEGISLATION.

■PARLIAMENT AND AN ARBITRATION AWARD.”

[PER PRESS ASSOCIATION".]

WELLINGTON, March 23A judgment: of extreme importance to employers and; emiployecs throughout tilie Dominion was lodged with the clerk of awards at. Wellington to-day, by the Arbitration Court. Air L-e Cren, inspector of awards, proceeded against the Wairarapa Farmers’ Cooperative Association, Ltd., for a' breach of the Wellington Grocers’ Award, in l working a driver in. excess of the time prescribed by the award, ■hut not in 'excess of the time laid down in: section 6 of the Shops and Offices Act. The /award, expired on the 7th April, 1911, and the alleged offences began on that daitfi. The magistrate, . Air McArthur, held that up to the time of the expiration of the award its provisions were in force, hut after that it. became modified by the Shops and Offices Act. The action Wilts dismissed:. An appeal was made on the grounds that the magistrate was wrong in deciding that there was inconsistency between the award and the Act. The appeal was heard by the Arbitration Court, which decided that the magistrate’s, decision was wrong in holding tihiait the award and the Act were inconsistent. The appeal wins allowed. The ca.se was remitted to the Magistrate's- Court to be deailit with there. The respondent was ordered to pay appellant’s costs, £f> ss.

While lie agreed with the. decision as correct in law, Air Scott, the employers’ representative, commented strongly on the probable effect of the Court’s judgment. In his opinion it would lead to no end of 'litigation and strife, due solely to hasty and ill-ad-vised) legislation", wh'iph showed clearly the danger of Parliament passing legislation over-riding aai award of the Arbitration Court, and overlapping the provisions .of the Shops and Offices Act and the Industrial Conciliation and Arbitration Act. It would thus be seen that in connection with the hours of work employers and workers are compelled in 1501110 cases to observe the hours prescribed by the award, and in others the provisions of the Act, and that neither the employer nor worker is safe from prosecution.