Awards, Recommendations, Agreements, Orders, Etc Volume 5

Awards, Recommendations, Agreements, Orders, Etc Volume 5

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...apply by application to enforce an award, and subsection (3) provides that such an application shall result in an order. There may thus be said to be, besides others, three classes of instruments formed by the Court, viz.: (1) awards settling conditions of labour, (2) penal awards, and (3) penal orders.-The two latter are in the nature of judgments in civil proceedings (subsection (5)). They are dealt with together in the proviso to subsection (4) (which is, however, intended as a proviso to all the preceding subsections) in the following terms: " Provided that the aggregate amount of penalties payable under any award or order of the Court shall not exceed 500." The view we have taken of subsection (1) leaves it open to the Court by a penal award to inflict a penalty up to 500, and by any order in respect of a breach to inflict a penalty up to the maximum fixed by the award, provided it does not exceed 500. This is the more reasonable view of the meaning of this proviso than that which suggests that the aggregate amount payable under successive orders for several breaches of one award settling the conditions of labour shall not exceed 500. Were the latter view of the proviso to prevail, an award would become exhausted and unenforcible when penalties reached that sum. Though the penalty is apparently a large one, it might pay an offender to suffer it in order to exhaust an award and gain the liberty of breaking it daily for three years. In the practice of this Court it is frequently found necessary to make orders upon applications for enforcement directing the payment of arrears of underpaid wages. The only power to make such orders is contained in the power to inflict penalties, the practice being more

Product details

  • Paperback | 166 pages
  • 189 x 246 x 9mm | 308g
  • United States
  • English
  • black & white illustrations
  • 1236942620
  • 9781236942623