✨ Industrial Conciliation and Arbitration Regulations
Dec. 24.] THE NEW ZEALAND GAZETTE. 3335
Such plaint-note shall be accompanied by a statement of claim (in duplicate) in the Form No. 47, together with one copy thereof for each defendant in the action.
The statement of claim shall give such particulars of time, place, amount, names of persons, and dates of instruments, and other circumstances in connection with the alleged breach or offence, as will be sufficient to inform the defendant of the cause of action.
The following are illustrations of how the particulars of an alleged breach or offence should be stated in the statement of claim:—
(a.) The defendant during the months of January and February, 1908, employed one A. B. as a carpenter, and paid him only 1s. per hour, instead of 1s. 4d. per hour as required by the said award.
(b.) The defendant during the period from the day of , 1908, to the day of , 1908, did have one C. D. in his employment as an apprentice without having had him properly indentured as required by the said award.
(c.) The defendant during the period from the day of , 1908, to the day of , 1908, did fail to provide proper sanitary conveniences for the carpenters employed by him in the erection of a building in Molesworth Street, Wellington.
(d.) The defendant on the day of , 1908, employed as a carpenter one E. F., who was not a member of the said union, when the following members of the said union, who were equally qualified with the said E. F. to do the particular work required to be done, were ready and willing to undertake the said work—viz., G. H. and K. L.
(e.) The defendant on the day of , 1908, became a party to a strike by the workers engaged in the bread-baking industry in the City of Wellington.
(f.) The defendant on the day of , 1908, became a party to a lockout in the bread-baking industry in the City of Wellington (Amend. Act, 1908, secs. 5, 6, and 14).
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The summons to defendant to be issued by the Clerk of the Court shall be in the Form No. 48 (Amend. Act, 1908, secs. 5, 6, and 14).
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An action in the Court of Arbitration by an Inspector of Awards to recover a penalty or penalties for any breach or breaches of an award or an industrial agreement, or for an offence under sections 5 or 6 of “The Industrial Conciliation and Arbitration Amendment Act, 1908,” shall be commenced by lodging with the Clerk of Awards in the industrial district in which the cause of action shall have arisen a statement of claim in the Form No. 49, and signed by the plaintiff or his solicitor.
Five copies shall be filed: three for the members of the Court, one for service on the defendant, and one for filing.
When a date shall have been fixed by the Judge of the Court of Arbitration for the hearing of the action, the Clerk of Awards shall send to each defendant a notice in the Form No. 50, and there shall be annexed to such notice a copy of the statement of claim in the action. The plaintiff shall supply the copies of the statement of claim to be annexed to the notice (Amend. Act, 1908, sec. 21).
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Where the defendant delivers a notice of intention to defend to the Clerk of the Court, or to the Clerk of Awards, as the case may be, such Clerk shall give notice thereof to the plaintiff in the Form No. 51 (Amend. Act, 1908, sec. 15).
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The notice by Clerk of the Court to the Inspector of Awards of judgment in any action taken shall be in Form No. 53 (Amend. Act, 1908, sec. 16).
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When judgment is given in the Court of Arbitration in any action taken by an Inspector, a statement of the penalty and costs ordered shall be delivered by the Clerk of Awards to the Inspector in the Form No. 53; and when required the Registrar of the Court shall issue a certificate of such penalty and costs in the Form No. 54, for filing in the Magistrate’s Court (Amend. Act, 1908, sec. 21).
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On payment of the penalty into Court, the Clerk shall pay the amount into the Public Account, and forward bank receipt for same to the nearest Inspector of Awards, together with a notice in the Form No. 55 (Amend. Act, 1908, sec. 17).
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The notice by Clerk of the Court (or Registrar of the Arbitration Court) of suspension of registration of an industrial union or association shall be in the Form No. 56, and shall be sent to the Registrar of Industrial Unions, and to the defendant union or association (Amend. Act, 1908, sec. 10).
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Application to the Magistrate’s Court for an order of attachment of wages for the recovery of a penalty and costs shall be in the Form No. 57, and shall be made by the plaintiff and filed with the Clerk of the Court (Amend. Act, 1908, sec. 20).
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In all other proceedings in respect of any such penalty not hereinbefore expressly provided for, the procedure and forms prescribed under “The Magistrates’ Courts Act, 1908,” shall be followed.
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Action for summary conviction before a Magistrate for a strike in the industries specified in section 9 of the Amendment Act, 1908, shall be taken, as provided under “The Justices of the Peace Act, 1908.”
FEES PAYABLE TO CLERKS.
- The following fees shall be payable to the Clerk in respect of the matters referred to, and (in the first instance) by the person or party on whose application the matter referred to is done (sec. 127):—
Filing industrial agreement .. .. 5 0
Filing application to Council or Court .. 3 0
Filing any other document .. .. 3 0
Issue of a summons (including the seal of Court) 3 0
Affixing seal of Court .. .. .. 3 0
Certified copy of report or recommendation of Council or of awards or order, &c., of the Court .. .. .. .. .. 1 0
In procedure for obtaining evidence at a distance: The fees prescribed under “The Magistrates’ Courts Act, 1908.”
All such fees shall be prepaid in stamps.
TRAVELLING-EXPENSES OF MEMBERS OF COURT AND COUNCILS.
- The travelling-expenses payable to the nominated members of the Court of Arbitration and to the Conciliation Commissioners and Assessors of Councils of Conciliation shall be as follows:—
When engaged or in attendance on the business of the Court, or Councils, or in travelling to and from the place of sitting, each nominated member of the Court shall be paid as travelling-expenses the sum of £1 for each day, each Commissioner the sum of 15s. for each day, and each Assessor the sum of 10s. for each day; but such allowance for expenses shall be paid only when he is necessarily absent from his home at night. Cost of transport by land or sea shall be defrayed by the Government (sec. 127).
FEES PAYABLE TO PERSONS ACTING AS COMMISSIONERS.
- The fees payable to persons appointed to act as Commissioners under section 29, (8), of “The Industrial Conciliation and Arbitration Amendment Act, 1908,” shall be £2 2s. per day, and to Assessors of Councils of Conciliation under section 33, (2), shall be £1 1s. per day.
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(Sec. 5.) [Form I (1).]
Under “The Industrial Conciliation and Arbitration Act, 1908,” and its Amendments.
APPLICATION FOR REGISTRATION OF INDUSTRIAL UNION.
To the Registrar of Industrial Unions, Wellington.
We hereby make application for the registration under the above Act of a society of an industrial union under the name of “The [Name to indicate the locality and industry or industries] Union of [‘Employers’ or ‘Workers,’ as the case may be].”
We enclose herewith,—
(a.) A list of members and officers of the society [Not less than three persons in case of employers’ union, and fifteen in case of workers’ union].
(b.) Two copies of the rules of the society.
(c.) A copy of a resolution passed by a majority of the members present at a general meeting of the society specially called in accordance with the rules for that purpose only, and desiring registration as an industrial union.
Dated at , this day of , 190 .
[Two or more officers.]
Of the said union.
Of the said union.
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(Sec. 23.) [Form I (2).]
Under “The Industrial Conciliation and Arbitration Act, 1908,” and its Amendments.
APPLICATION FOR REGISTRATION OF INDUSTRIAL ASSOCIATION.
To the Registrar of Industrial Unions, Wellington.
We hereby make application for the registration under the above Act of as an industrial association, under
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✨ LLM interpretation of page content
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Regulations under the Industrial Conciliation and Arbitration Act, 1908
(continued from previous page)
👷 Labour & EmploymentIndustrial Conciliation and Arbitration Act, Regulations, Plaint-note, Statement of claim, Court of Arbitration, Inspector of Awards, Penalty, Costs, Industrial union, Industrial association, Fees, Travelling expenses
- A. B., Example of employed carpenter paid lower wage
- C. D., Example of apprentice not properly indentured
- E. F., Example of carpenter employed when union members were available
- G. H., Example of qualified union member available for work
- K. L., Example of qualified union member available for work
👷 Forms for Industrial Union and Association Registration
👷 Labour & EmploymentIndustrial union, Industrial association, Registration, Application, Rules, Members, Officers, Resolution
- Registrar of Industrial Unions, Wellington
NZ Gazette 1908, No 107