THE WAGES ACTS, 1918 to 1954

THE WAGES ACTS, 1918 to 1954

Wages Act of 1918, 9 Goo. 5 No. 19

Amended by Wages Attachment Act of 1936, 1 Edw. 8 No. 22 Wages Act Amendment Act of 1937, 1 Geo. 6 No. 15 Wages Acts Amendment Act of 1954, 3 Eliz. 2 No. 24

713

Industrial Conciliation and Arbitration Act of 1961, 10 Eliz. 2 No. 25

An Act to make better provlSlon for the Payment of Wages due to Workers, and for other incidental purposes

[Assented to 23 November 1918]

PART I-PRELIMINARY

1. Short title and Parts of Act. This Act may be cited as "The Wages Act of 1918," and is divided into Parts, as follows:-

PART I-PRELIMINARY;

PART II-PROTECTION OF WAGES;

PART Ill-TRUCK;

PART IV-MISCELLANEOUS.

Collective title conferred by Act of 1954, 3 Eliz. 2 No. 24, s. 1 (3).

2. (1) Repeal. Sch. I. The Acts mentioned in the First Schedule to this Act are repealed to the extent therein indicated.

(2) Saving of 6 Edw. 7 No. 30. Save as by this Act is expressly provided, nothing in this Act contained shall be construed to repeal or otherwise prejudicially affect any of the provisions of "The Contractors' and Workmen's Lien Act of 1906."

Act referred to: Contractors' and Workmen's Lien Act of 1906, (repealed).

The effect of the Industrial Conciliation and Arbitration Acts, 1961 to 1964, on this Act is the subject of s. 97 (11) of that Act, p. 498, ante.

3. Interpretation. 25 Vic. No. 11, N.Z. 1908, No. 204, ss. 2, 28. In this Act, unless the context otherwise indicates, the following terms have the meanings respectively assigned to them, that is to say:-

"Contract," for the purposes of Part Ill, includes any agreement, understanding, device, contrivance, collusion, or arrangement whatsoever on the subject of wages, whether written or oral, direct or indirect, to which the employer and worker are parties, or are assenting, or by which they are mutually bound to each other, or whereby either of them bas endeavoured to impose an obligation on the other of them;

714 LABOUR Vol. 8

"Contractor"-For the purposes of all the provISiOns of this Act except Part III-a person who contracts directly with the employer for the performance of work for him; "subcontractor" means a person who contracts with a contractor, or with another subcontractor, for the performance of work for such contractor or subcontractor;

"Court"-The court in which any proceeding is taken under this Act: the term includes the judge of any such court, and a police magistrate or justices in any matter in which such magistrate or justices has or have jurisdiction;

"Crop" includes any growing crop of agricultural or horticultural produce as defined by the sections of the "Mercantile Act of 1867" relating to liens on crops;

"Employer"-Any person at whose request, or upon whose credit or on whose behalf with his privity or consent, work is done: the term includes all persons claiming under him whose rights are acquired after the work in question is commenced:

For the purposes of Part III, the term includes any master, manager, foreman, agent, or other person engaged in the hiring, employment, or superintendence of the service, work, or labour of any worker;

"Money"-Current coin of the realm: the term includes the coinage and notes issued by the Commonwealth;

"Mortgage" includes any mortgage or bill of mortgage upon land, or any registered bill of sale or any registered lien upon any crop, or any registered mortgage upon stock; "Mortgagee" includes the original mortgagee and also the person for the time being entitled in any way to enforce a mortgage; "Mortgagor" includes the original mortgagor and also the person for the time being entitled to redeem any mortgage;

"Person" includes a body of persons whether corporate or unincorporate, and a firm of partners and any local authority or other local governing body;

"Stock" includes cows, bulls, bullocks, heifers, steers, calves, horses, mares, colts, fillies, foals, asses, mules, sheep, lambs, goats, and swine;

"Wages" includes any money paid or contracted to be paid, delivered, or given as a recompense, reward, remuneration, or consideration for any service, work, or labour rendered or done, or to be rendered or done by a worker whether within a certain time or to a certain amount, or for a time or an amount uncertain, and whether payable daily, weekly, monthly, or otherwise:

The term does not include recompense, reward, remuneration, or consideration, for any service, work, or labour rendered or done or to be rendered or done by-

(a) A barrister, solicitor, conveyancer, or legal practitioner, or a legally qualified medical practitioner, or an authorized surveyor, or a registered pharmaceutical chemist, or a registered dentist, or a registered optician, or a public

WAGES ACTS, 1918 TO 1954 ss.3-5 715

analyst, or a veterinary surgeon, or a consulting engineer, or an architect, or a public accountant, actuary, or auditor, or any other person retained or engaged to render professional services requiring personal skill, knowledge, and attention; or

(b) A person who contracts directly with an employer for the performance of work not performed solely by such person; or

(c) An auctioneer or agent; "Worker"-Any person, male or female, whether under or not

under the age of twenty-one years, in any manner engaged or employed by an employer in work of any kind whatsoever subject to the direction and control of an employer, and whether the worker's remuneration is to be according to time or by piecework, or at a fixed price, or otherwise howsoever.

As amended by Act of 1954, 3 Eliz. 2 No. 24, s. 2. Act referred to:

Mercantile Act of 1867, title MERCANTILE LAW. "Contract"-Cf. Groshanig v. Vaughan (1891), 4 Q.L.J. 50. "Contractor"-See also s. 16. "Crop"-See Bills of Sale and Other Instruments Act of 1955, s. 6, title

MERCANTILE LAW. "Person"-See Queensland Mercantile & Agency Co. v. Day (1887), 2 Q.L.J.

190, cited under s. 36. "Wages"-A yearly salary paid monthly to a railway employee for clerical

work was held to be wages, Cribb v. Mood, [1921] Q.W.N. 15; 15 Q.J.P.R. 97.

PART II-PROTECTION OF WAGES

4. Wages to be first charge on money due to or in hands of contractor. N.Z. 1908, No. 204, s. 4. The wages due to workers employed on any work shall, subject to the employer's rights as mentioned in section eleven hereof, be a first and paramount charge upon the moneys due to the contractor by the employer under or in respect of the work:

Provided that until service of notice of attachment, as hereinafter mentioned, the employer shall be at liberty to pay to the contractor all moneys which have accrued due and are payable by the employer to the contractor under or in respect of the work.

In this section "work" includes any contract or undertaking. Rights of workers of sub-contractors are defined by s. 16.

5. Assignment of money due or received under contract to have no effect until wages paid to workers. Ib s. 5. Every assignment, disposition, or charge (legal or equitable) made or given by the contractor to any person whomsoever, other than his workers for wages due to them in respect of the contract in question, of or upon the moneys due or to become due to him under or in respect of the work shall have no force or effect at law or in equity as against wages due or to accrue due to the workers.

In this section "work" includes any contract or undertaking. See Harwoods Ltd. v. Gardiner, [1927] N.Z.L.R. 127; Leyland Motors Ltd. v.

Napier Harbour Board, [1930] N.Z.L.R. 113.

716 LABOUR Vol. 8

6. (1) Moneys received by contractor not to be attached, and to be applied in payment of wages due. lb. SSe 6, 7. Moneys due to or received by the contractor from the employer under or in respect of the work shall not be liable to be attached or charged, except by the workers as hereinafter mentioned, until all wages due or to accrue due to the workers have been fully paid and satisfied or secured to the satisfaction of the court, and the contractor shall apply all such moneys received by him, so far as may be necessary, in payment of the wages due and to accrue due to the workers.

(2) Contractor to keep accounts and to produce same to workers. The contractor shall keep a full and truthful account in writing of all such moneys received by him as aforesaid, and of the manner in which the same are disbursed or disposed of, and shall, on the application of any worker whose wages are more than eight clear days in arrear, and have not been paid when demanded, produce such account to such worker for his inspection, and such worker shall be at liberty to take a copy of or extracts from the said account.

(3) In this section "work" includes any contract or undertaking.

7. Worker whose wages are in arrear may attach moneys in hands of employer. N.Z. 1908, No. 204, s. 9. Sch. II, f. 1. (1) Any worker whose wages remain unpaid for twenty-four hours after they become payable and have been demanded may serve the employer, or his attorney or agent, with a notice of attachment in the form numbered (1) in the Second Schedule hereto or to the effect thereof; and upon service thereof all moneys due and thereafter to become due and payable to the contractor shall be attached, and shall be retained by the employer to meet the claims in respect of the first notice and all other notices of attachment served within seven days after the first of such notices; and after the lapse of such seven days the amount of the moneys claimed in all such notices shall be attached, and shall be retained by the employer until the court in which the claims are heard directs to whom and in what manner the same are to be paid.

(2) But any employer may pay into the aforesaid court the sum mentioned in every such notice of attachment, if such sum is an ascertained and fixed sum, and the receipt of the clerk or registrar of the court for the said sum shall be a full discharge to the employer of his liability under the attachment.

See also 58. 9, 12. For manner of service of a notice, see s. 41 (1). There must be money due or to become due from the employer to the

contractor Hannay v. Toowoomba City Council, [1933] St. R. Qd. 93; 26 Q.J.P.R. 91.

See also R. v. Remnant (1895), 14 N.Z.L.R. 256 (application of this section to the Crown), Fitzherbert Road District v. Robert (1899), 17 N.Z.L.R. 538 (necessity for demand; effect of notice where no further steps taken); Dallas v. Smart (1900), 18 N.Z.L.R. 479 (time for serving notice).

8. Court may order employer to pay worker obtaining judgment against contractor. lb. SSe 10, 11. Sch. II, f. 2. (1) If the worker obtains judgment against the contractor for the wages claimed, or any part thereof, he may obtain from the Court an order, in the form numbered (2) in the Second Schedule hereto or to the effect thereof, for the payment by the contractor's employer of the amount of the judgment, and may serve a copy of such order upon such employer or his attorney or agent.

WAGES ACTS, 1918 TO 1954 is. 6·13 717

(2) At the expiration of seven days after service of such order, but not earlier, the employer, unless he has received written notice of appeal against such judgment, shall, out of the moneys attached in his hands, pay the amount stated in such order to the worker.

9. (1) Workers to be paid according to priority of notice. lb. ss. 12, 13. Simultaneous notices. Subject to the provisions of the two last preceding sections, all moneys attached as aforesaid shall be paid by the employer in priority according to the order of the service of the notices attaching such moneys; but all notices served within seven days after the first of such notices of attachment shall be deemed to be served simultaneously, for the purpose of securing the equal distribution of the moneys attached amongst all workers serving such notices within the aforesaid seven days.

(2) Simultaneous notices to rank equally among themselves. All demands for wages of workers who serve simultaneous notices as aforesaid shall rank equally among themselves, and shall be paid in full, unless the moneys attached in the hands of the employer are insufficient to meet them, in which case they shall abate in equal proportions between themselves.

10. Employer liable only for amount due to contractor. N.Z. 1908, No. 204, s. 14. The employer served with an order or orders under this Part shall not be liable to make good any demand made on him to a greater extent than the sum which is actually due and owing by him to the contractor at the time of the service of such order, or the payment thereunder.

11. On failure to pay, worker may sue person served with notice. lb. s. 15. If the employer served with notice of attachment and order for payment fails to pay as aforesaid, the worker may sue for and recover in his own name, in any court having jurisdiction in the matter, the moneys attached by any proceeding which the contractor might have taken had there been no attachment under this Part, subject to the right of the employer to set off against the worker's demand all moneys properly paid by the employer to the contractor under the contract prior to the service of the notice of attachment, and also all moneys which the contractor was at the time of the service of the notice of attachment liable to pay to the employer under the contract, or in consequence of any breach or non-performance thereof.

12. Employer paying contractor in advance. lb. s. 8. If the employer pays the contractor in advance, then in any proceedings by workers against the employer under this Part the employer shall not be entitled to be credited with or to set off any such payments against the wages due to and claimed by the workers.

As to the meaning of payment "in advance", see Holt v. Campbell (1901). 4 N.Z.G.L.R. l33.

13. On satisfaction, attachment ceases to operate. lb. s. 16. Upon satisfaction of the worker's demand mentioned in any order for payment under this Act, or on the setting-aside of such order, any attachment of moneys effected under this Part shall cease to be operative, but without prejudice to any bona fide payment by the employer served with an order for payment in accordance with such order previous to his receiving notice of such satisfaction or setting-aside of the order.

718 LABOUR Vol. 8

14. Discharge by worker. lb. s. 17. Sch. II, f. 3. The worker shall. on the request of the person paying to him the demand specified in any order for payment under this Part, and at the time of receiving the same, sign a discharge therefor in the form numbered (3) in the Second Schedule hereto or to the effect thereof.

15. Offences. N.Z. 1908, No. 204, s. 24. Subject to the provisions of sections forty-two and forty-four of this Act, if the employer or contractor by himself or the agency of any other person, contravenes or, without good reason, fails to comply with any of the provisions of this Part, such employer, contractor, or agent shall be liable to a penalty not exceeding one hundred dollars.

Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.

See ss. 40, 42 (l).

16. Remedies of workers in service of subcontractor. lb. s. 25. (1) Where any work is let by a contractor to a subcontractor, every worker in the service of such subcontractor shall have the same rights and remedies in all respects against the first-mentioned contractor as a worker in the service of a contractor has under this Part against the employer of such last-mentioned contractor.

(2) For the purpose of giving effect to this section all the foregoing provisions of this Part shall be read as if there had been enacted therein respectively the word "contractor" in the place of the word "employer" and the word "subcontractor" in the place of the word "contractor."

The terms "contractor" and "subcontractor" are defined by s. 3.

17. (Repealed.) Repealed by Wages Attachment Act of 1936, s. 4.

18. Employer, when to be subrogated to worker's rights. lb. s. 28. Where an employer, in satisfaction of his liability under this Act, pays wages due to a worker of a contractor employed by such employer for work, performed by such contractor under a contract with such employer, then, in the event of such contractor becoming insolvent or compounding with his creditors, or being a company in respect of which proceedings for winding-up have been commenced, such payment shall be deemed to be and shall be treated as a preferential claim against the estate of such contractor in the same manner as if such wages were due to the worker.

The preferential claims of workers for wages are given, in case of bankruptcy of employers, by the Bankruptcy Act 1924-1960, s. 84 (l) (Commonwealth), and, in case of the winding-up of an employer company or the enforcement of debentures secured by a floating charge against its property, by the Companies Acts, 1961 to 1964, ss. 292, 196, title COMPANIES, Vol. 2, pp. 337, 240.

PART III-TRUCK

19. (1) Wages to be made payable in money. N.Z. 1908, No. 204, s. 29. No deduction for interest. In every contract made with any worker the wages of such worker shall be made payable in money only, and not otherwise; and if by agreement, custom, or otherwise a worker is entitled to receive in anticipation of the regular period of the payment of his wages an advance as part or on account thereof, it shall not be

WAGES ACTS, 1918 TO 1954 ss.14·20 719

lawful for the employer to withhold such advance or make any deduction in respect of such advance on account of poundage, discount, or interest, or any similar charge.

(2) Contracts in contravention of this section void. If in any such contract the whole or any part of such wages is made payable in any manner other than in money, or provision is made for any deduction or charge as aforesaid in respect of any advance of the whole or a part of the wages of the worker, such contract shall be and is hereby declared illegal and void so far as any promise or consideration made or given by or arising out of the same relates to the payment of such wages otherwise than in money, or as to making any such deduction or charge as aforesaid; and such promise or consideration shall be deemed to be severable from the other part of the contract, which shall otherwise be and remain in force.

For definitions of terms used, see s. 3. For penalty to which an employer is liable on breach of this section, see

s. 26. Certain exceptions from the operation of the section are made by ss. 25,

28. This section refers only to the terms of contracts under which wages are

earned, and does not deal with the case where the original contract provided for payment of wages in money but after the work has been finished and the wages earned a new contract is made as to the payment of the debt, Colgrave v. Townsend (1931), 26 Q.J.P.R. 64; 25 Q.J.P.R. 73.

See Kellick v. Adams (1893), 12 N.Z.L.R. 715 (employer held entitled to pay money to persons authorized by the worker to receive it); Carnachan v. National Trading Co. of N.z. Ltd., [1925] N.Z.L.R. 81 (deduction with consent of worker in pursuance of contractual obligation by worker to employer held valid) .

See also cases cited under the Indmtrial Conciliation and Arbitmtion Acts, 1961 to 1964, s. 97, p. 496, ante.

20. Wages to be paid in money. lb. s. 31. Except as hereinafter provided-

(i) The entire amount of the wages earned by or payable to any worker shall be actually paid to such worker in money, and not otherwise, at intervals of not more than one month if demanded: Provided that in case of the termination of the employment the entire amount of such wages shall be so paid within three days after such termination if demanded;

(ii) Every payment made to any such worker by his employer of or in respect of any such wages by the delivering to him of goods, or otherwise than in money, is hereby declared illegal and void;

(iii) Every worker shall be entitled to recover from his employer in any court of competent jurisdiction the whole or so much of the wages earned by such worker as has not been actually paid to him by his employer in money.

For definitions of terms used, see s. 3. An employer is liable to a penalty under s. 26, for contravention of this

section. Certain cases are excepted from the operation of s. 20 by ss. 25, 28. Somewhat similar provision is made with respect to wages under awards and

industrial agreements by the Industrial Conci'iiation and Arbitration Acts, 1961 to 1964, s. 97 (1), p. 496, a.nte.

Wages must not be paid to workmen or servants on premises licensed for sale of intoxicating liquors, except in the case of a licensee paying his own workmen or servants, the Liquor Acts, 1912 to 1965, s. 165, title LIQUOR.

720 LABOUR Vol. 8

A promissory note given for wages is void (Colgrave v. Townsend (1931), 25 Q.J.P.R. 73; 26 Q.I.P.R. 64). As to "payment" in paragraph (ii), see ibid.

For English cases, see 17 Halsbury's Laws of England (3rd ed.), p. 138; 24 English and Empire Digest, (Rpl.), p. 1,096.

21. No contract to stipulate as to mode of spending wages. N.Z. 1908, No. 204, s. 30. (1) No employer shall, directly or indirectly, by himself or his agent, impose as a condition, expressed or implied, in or for the employment of any worker any terms as to the place at which, or the manner in which, or the person with whom, any wages or portion of wages paid to the worker are to be expended.

(2) No employer shall dismiss any worker from his employment for or on account of the place at which, or the manner in which, or the person with whom, any wages paid by the employer to such worker are expended or are not expended.

For penal liability of an employer contravening this section, see s. 26. See Hewlett v. Allen, [1894] A.C. 383; [1891-4] All E.R. Rep. 1,024 (condition

that worker must join a sick club allowed).

22. No set-off for goods supplied to worker by employer. lb. s. 32. In any action brought or commenced by any worker against his employer for the recovery of any sum of money due to such worker as his wages, the defendant shall not be allowed to make any set-off or counterclaim, nor to claim any reduction of the plaintiff's demand, by reason or in respect of any goods had or received by the plaintiff as or on account of his wages.

23. No deduction for sharpening or repairing tools. lb. s. 34. Except by agreement or industrial award, no deduction shall be made from a worker's wages for sharpening or repairing tools.

24. Deductions, etc., for accident policies forbidden. lb. s. 35. ( 1) It shall not be lawful for any employer directly or indirectly to take or receive any money from any worker in his employ, whether by way of deduction from wages or otherwise howsoever, in respect of any policy of insurance against injury by accident.

(2) All money so taken or received as aforesaid from any worker in breach of this section may by him be recovered at any time not exceeding six months thereafter, with full costs of action, from the employer or person who took or received it.

Compare Workers' Compensation Acts, 1916 to 1965, s. 17, p. 804, post.

25. Payment of wages may be made by cheque. lb. s. 36. Nothing herein shall be construed to prevent or render invalid any contract for the payment, or any actual payment, to any worker of the whole or any part of his wages in a cheque, draft, or order in writing for the payment of money to the bearer on demand, drawn on any person, company, or association carrying on the business of a banker in Queensland, either generally or with any particular persons or class of persons only, if payment by cheque, draft, or order in his case is the usual mode of payment, and if the cheque, draft, or order tendered in payment includes such amount of exchange as will ensure to the worker payment in full of wages at the place where such payment is tendered; and, subject as hereinafter provided, all payments so made shall be as valid as if made in money:

Provided that-(a) No such cheque shall be crossed;

WAGES ACTS, 1918 TO 1954 ss.21·28 721

(b) If wages are paid by a cheque, draft, or order in writing as aforesaid, and the same is dishonoured, the worker shall be entitled to recover from his employer such reasonable damages as he has sustained in consequence of such dishonour, and such damages shall be recoverable in any court of competent jurisdiction in addition to any wages due or payable to such worker.

A promissory note given for wages is void under s. 20, Colgrave v. Townsend (1931),25 Q.J.P.R. 73; 26 Q.J.P.R. 64.

26. Breaches of this Part. N.Z. 1908, No. 204, s. 38. If an employer, by himself or the agency of any other person, directly or indirectly enters into any contract or makes any payment by this Part declared to be illegal and void wholly or in part, or if an employer or his agent contravenes or fails to comply with any of the foregoing provisions of this Part, such employer or agent, as the case may be, shall be liable to the following penalties:-

(a) For the first offence, a penalty not exceeding ten dollars; (b) For the second or any subsequent offence, a penalty not

exceeding fifty dollars. Decimal currency references substituted pursuant to section 7 of Decimal

Currency Act of 1965. See also ss. 42, 44.

27. Consent of worker no defence. lb. s. 39. In any proceedings against any employer, company, or person-

(a) For the breach of any provision of this Part; or (b) For the recovery by the worker of money alleged to have

been taken, received, deducted or detained from him in breach of any provision of this Part;

the fact that the worker consented thereto shall not avail in any way as an answer or defence.

28. This Act not to apply in certain cases. lb. s. 47. (1) Nothing in this Act shall be construed to invalidate or prejudice the following contracts or transactions, namely:-

(a) Where an employer supplies or contracts to supply to any worker any medicine or medical attendance, or any fuel, materials, tools, appliances, or implements to be by the worker employed in his trade, labour, or occupation;

(b) Where an employer supplies or contracts to supply any worker who has engaged with him with the necessary outfit and means of support, and materials or tools requisite for commencing or continuing his engagement, to any amount not exceeding in any case the amount of two months' wages to be earned by such worker in such engagement;

(c) Where an employer supplies or contracts to supply to any worker any hay, com, or other provender to be consumed by any horse or other beast of burden employed by the worker in his trade, labour, or occupation;

(d) Where an employer demises to any worker the whole or any part of any tenement at any rent to be therein reserved, or allows such worker the use of a tenement as part of his wages or in addition to his wages, or any other allowance or privilege in addition to money wages as a remuneration for his services;

(e) Where such employer supplies or contracts to supply to any worker or his family any foodstuffs;

722 LABOUR Vol. 8

(f) Where an employer supplies to any worker tobacco or clothing;

(g) Where a deduction from wages or earnings is agreed on at a colliery for providing the wages of a check weighman employed thereat.

(2) This Part shall not be construed to prevent an employer-(a) Pursuant to an agreement with a worker, from making any

deduction or stoppage from the wages of such worker for or in respect of any of the matters or things in this section hereinbefore mentioned;

(b) From advancing to any worker any money to be by him contributed to any friendly society, life insurance company or association, savings bank, or other society or association whatever, or to any Commonwealth War Loan or War Savings Certificates, or from advancing any money for the relief of the worker or his wife or family in sickness, or from advancing any money to any person by the worker's order, or from advancing to any worker the amount of any steamer, railway, or coach fare or other travelling expense, or from deducting or contracting to deduct from the wages of the worker any such sum or sums of money advanced as aforesaid:

Provided that no deduction or stoppage shall exceed the amount of such advances and the true value of such things so supplied.

As to termination of employment where an advance has been made for a purpose within this section, see s. 32 (2).

For English cases, see 17 Halsbury's Laws of England 3rd ed., p. 144; 24 English and Empire Digest, (Rpl.) p. 1,101.

29. [Amended Industrial Arbitration Act of 1916 (since repealed).]

PART IV-MISCELLANEOUS 30. (1) (Repealed.)

(2) Breach of agreement by employer. Any employer who agrees with any worker to employ him for any time or in any manner and thereafter, without reasonable cause, refuses or fails to permit the worker to commence such employment shall be liable to a penalty not exceeding twenty dollars.

As amended by Industrial Conciliation and Arbitration Act of 1961, 10 Eliz. 2 No. 25, s. 4 (3).


To constitute an agreement for service for some "time" the agreement must not be too vague or indefinite to bind the worker to a certain term of service, Davis v. Lawrence, [1910] St. R. Qd. 98; [1910] Q.W.N. 10; 3 Q.J.P.R. 220; Carter v. Ren/rey, [1910] St. R. Qd. 116; [1910] Q.W.N. 21; 4 Q.J.P.R. 41. Thus there is an agreement to serve for a time where it can be said at any moment whether the time is enuring or has not yet begun or has expired, Colonial Sugar Refining Co. Ltd. v. Bennett, [1911] St. R. Qd. 191; [1911] Q.W.N. 41; 5 Q.J.P.R. 129; 13 C.L.R. 321; Carter v. Ren/rey, supra. There is such an agreement where such service is agreed to run for a specified period from the date of arrival at the place of work, Drysdale v. Kelly, [1911] St. R. Qd. 248; [1911] Q.W.N. 51; 5 Q.J.P.R. 151. But there is no failure to permit to commence work within this section where, under such an agreement, the worker has not arrived at the place of work, ibid. The fact that the term of service may be determined at any time by the employer does not render the agreement too indefinite as to time, Davis v. Lawrence, supra; Colonial Sugar Refining Co. Ltd. v. Bennett, supra.

WAGES ACTS, 1918 TO 1954 ss.28·31 723

An agreement to shear all the sheep then on a particular station is sufficiently definite as to time, Carter v. Renfrey, supra, as also is an agreement to serve for the period of a sugar-cane crushing season, Davis v. Lawrence, supra. As to a servant paid a weekly wage, see Luck v. Hoffmann (1909), 3 Q.J.P. 95 (Mag. Cas.).

Where it is alleged on a charge that the agreement of service is in writing, the signature of the worker must be proved, Horton v. Bray, [1907] Q.W.N. 13; 1 Q.J.P.R. 41; Mulgrave Central Mill Co. Ltd. v. Toohea, [1906] St. R. Qd. 203; [1906] Q.W.N. 38, or admitted by the worker or someone on his behalf, Davis v. Lawrence, supra.

There is no offence if the employer had a bona fide belief in a state of facts which would be sufficient to furnish reasonable cause, but belief on the pa!1t of the employer that he had reasonable cause due to his ignorance of the law is no excuse. See Criminal Code, ss. 22, 24, title CRIMINAL LAW, Vol. 3, Neighbour v. Moore (1892), 4 Q.L.J. 145; Davis v. Lawrence, [1910] St. R. Qd. 98; Carter v. Renfrey, [1910] St. R. Qd. 116; Colonial Sugar Refining Co. Ltd. v. Bennett, [1911] St. R. Qd. 191, at p. 200; 13 C.L.R. 321; Spooner v. Alexander (1912), 13 C.L.R. 704.

The bona fide belief in the existence of reasonable cause must have been the actual cause of the employer's failure, Colonial Sugar Refining Co. Ltd. v. Bennett, supra.

31. False representations, etc. Any person who-(a) Wilfully pretends or falsely asserts in writing that any

person has been in his employ for a period or in a capacity other than that for which or in which he was employed, or in any other material respect contrary to the truth, shall b~ guilty of an offence against this Act, and shall be liable to a pena1ty not exceeding forty dollars;

(b) Forges or knowingly uses any forged certificates or documents purporting to be a discharge from or record of previous employment shall be gUilty of an offence against this Act, and shall be liable to imprisonment for any period not exceeding three months;

(c) Having in his possession a valid certificate or document as aforesaid issued to some other person, assumes as his own name the name stated therein, and makes use of same when seeking employment, shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding forty dollars;

(d) Assumes the name of another person and obtains or attempts to obtain employment by using such assumed name, whether the name is that of a person living or dead or of a fictitious person, shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding forty dollars;

(e) Wilfully or negligently spoils or destroys machinery, tools, work, or materials, or wilfully or negligently abandons, loses, or injures any cattle or other property belonging to or in charge of his employer, shall be guilty of an offence against this Act, and on conviction shall, as a penalty, pay forthwith such reasonable compensation as shall be ordered. In default of satisfaction of such penalty, the offender shall be liable to imprisonment.

Decimal currency references substituted pursuant to section 7 of Decimal Currency Aot of 1965.

Females cannot be imprisoned, s. 47. Convictions for negligently losing and abandoning an employer's property

were set aside although the terms of imprisonment thereunder had been served, Ogle v. Townley (1872),2 S.C.R. 202.

724 LABOUR Vol. 8

32. What notice required to terminate employment. (1) In any case where a worker is employed by the day-that is, from day to daywithout any agreement for employment for a definite period, no notice by either party shall be required to terminate the employment.

(2) In any case where a worker is employed under a weekly agreement, whether oral or in writing, the worker and employer, respectively, shall have the right to terminate such agreement upon giving seven days' notice of his intention so to do:

Provided that where a worker has been engaged under an agreement in writing and in accordance with the provisions of such agreement the employer advances to such worker a sum of money or goods for any purpose permitted under section twenty-eight hereof, and it is also agreed that such money or the money value of such goods shall be refunded from the wages that are or may become due to such worker, then such worker shall not be entitled to terminate his agreement before the expiration thereof unless he has refunded or made provision satisfactory to the employer to refund such money or money value.

33. If worker ahsents himself unlawfully, time not to be counted as part of his agreement and no wages to be claimed. If any worker during the continuance of his agreement wilfully and unlawfully absents himself from his service without leave, the period of such absence shall not be taken into account in estimating his time of service under his agreement; and his agreement shall be held to continue in full force beyond the time originally stipulated for a period equal to the term of such absence if the employer so requires.

Any worker so absenting himself shall not be entitled to claim any wages for or during the period of such absence.

34. (1) Wages recoverable in a summary way. In any claim for unpaid wages, upon complaint made by the worker or on his behalf, any justice of the peace may issue his summons calling upon the person, or any of the persons upon whom the claim is made, to appear before any court of petty sessions where or near to the place where the service has been performed. or where or near to the place where the person or any of the persons upon whom the claim is made resides, to answer such complaint; and such court shall have jurisdiction to examine the parties and their respective witnesses (if any) concerning the complaint and the amount of wages due, and make such order for payment of the said wages with the costs incurred by the worker in prosecuting such claim, or any damages the worker has sustained by the neglect of his employer to pay the wages so found to be due, as appear to the court to be reasonable and just.

(2) Recovery of wages payable under an award, etc. If the claim for unpaid wages is made by a person who was employed to do any work for which the price or rate has been fixed (and whether before, on, or after the passing of "The Wages Act Amendment Act of 1937") by an award, order, or industrial agreement, whether made under "The Industrial Conciliation and Arbitration Acts, 1932 to 1936," or by the Act repealed by such lastmentioned Acts, or by a permit or license under such lastmentioned Acts, such person may apply himself, or any industrial union to which he belongs may apply on his behalf, within the time and in the manner provided by "The Industrial Conciliation and Arbitration Acts, 1932 to 1936," for an order directing the person,

WAGES ACTS, 1918 TO 1954 ss.32-34 725

or any of the persons upon whom the claim is made to pay such amount of any balance due in respect of such price or rate, and earned by the employee during the period of employment, as is proved upon the hearing of such application to be payable under and in pursuance of this Act to the employee by the person against whom such order is applied for.

(3) Election by employee of action for recovery of wages. The right or remedy provided by subsection two of this section shall not be or be deemed to be exclusive, and any person claiming unpaid wages may elect to proceed under subsection one of this section or, if the provisions thereof are applicable, under subsection two thereof, but so that no such person shall have any right to proceed both under subsection one and under subsection two of this section.

As amended by Act of 1937, 1 Geo. 6 No. 15, s. 2. Acts referred to:

Wages Act Amendment Act of 1937, not reprinted. Industrial Conciliation and Arbitration Acts, 1932 to 1936; see now

Industrial Conciliation and Arbitration Acts, 1961 to 1964, p. 405, ante.

The reference in this section to "any court of petty sessions" must be construed to refer to a Magistrates Court constituted under the Justices Acts, the designation court of petty sessions having been so altered by "The Justices Acts Amendment Act of 1964", No. 32.

With respect to proceedings against partners, see s. 45 (2). The manner of serving legal process is prescribed by s. 41 (2). As to the courts having jurisdiction under this section, see Tooth v. Spiro

(1876), 4 S.C.R. 155; 1 Q.L.R. (Part I) 27; Smith v. Huggins (1932), 26 Q.J.P.R. 98.

The relationship of master and servant may exist between two persons who are also partners in the undertaking wherein the employment takes place, Willmer v. Sleight (1911), 5 Q.J.P.R. 164; [1912] Q.W.N. 2.

Proceedings only lie when wages have accrued due, so that where there was an agreement for payment on satisfactory completion of services, and the servant was dismissed for incompetence, no proceedings lay, Ex parte Tozer (1886), 3 W.N.(N.S.W.) 33. But a servant wrongfully dismissed may recover under this section on a quantum meruit, McNamara v. Bull (1910), 27 W.N.(N.S.W.) 165. Damages for wrongful dismissal cannot be recovered under this section, Lotto v. Morwitch, B.C.R., Oct 11, 1895; Ex parte Gorton (1881), 14 S.C.R.(N.S.W.) 529. As to whether an order may be made covering remuneration for time lost in the prosecution of the claim as well as costs of court and professional costs, see Coates v. M'Kay, [1908] St. R. Qd. 114; [1908] Q.W.N. 40; 2 Q.J.P.R. 57, decided on the Masters and Servants Act of 1861 (repealed) which contained certain provisions not in this Act. As to compensation for wages lost by having to refuse work while waiting for the hearing of proceedings under this section, see Sellen v. Penny, [1912] Q.W.N. 11; 5 Q.J.P.R. 228.

As to what claims may not be set up by way of set-off or counter-claim or reduction of the plaintiff's demands in proceedings under this section, see s. 22, ante; Thorn v. Gray (1859), 3 S.C.R. 210.

Only wages becoming due within six months before a claim is made under this Act may be recovered unless the court under this section extends that period, which it may do up to twelve months, Industrial Conciliation and Arbitration Acts, 1961 to 1964,97 (8), ante; Smith v. Huggins (1932),26 Q.J.P.R. 98.

Wages due under an award or industrial agreement may be ordered to be paid summarily under Industrial Conciliation and Arbitration Acts, 1961 to 1964, s. 97 (5), ante. Section 97 (11) of that Act declares however that nothing in that Act shall affect the operation of this Act in respect of proceedings for recovery of wages. Wages fixed by agreement at a lower rate than those fixed by award or industrial agreement under that Act may, therefore, still be recovered under this Act, Smith v. Huggins (1932), 26 Q.J.P.R. 98, but not wages due under an industrial agreement or an award, Giarutto v. Shepherds Anvil Stores Pty. Ltd. (1933), 27 Q.J.P. 81 (Mag. Cas.). Cf. Bustin v. Bustin

726 LABOUR Vol. 8

(1928), 22 Q.J.P.R. 71; Josephson v. Walker (1914), 18 c.L.R. 691; Drury v. Dulhunty (1921), 21 S.R.(N.S.W.) 514. Appeal lies to the Supreme Court from an order under this section under Justices Acts, 1886 to 1964, s. 209, title JUSTICES (Smith v. Thompson, [1924] St. R. Qd. 271; [1924] Q.W.N. 46; 18 Q.J.P.R. 107).

An order under this section is not a judgment so as to merge the debt, Re Andrews (1890), 1 N.S.W.B.C. 45.

As to the common law remedies of servants against masters for a breach of contracts of service, see 34 English and Empire Digest, (Rpl.) p. 121; 25 Halsbury's Laws of England, 3rd ed., p. 516.

35. Agent may be summoned for wages. The summons or application mentioned in the last preceding section may, at the option of the complainant or applicant, be issued calling upon the agent, manager, or overseer of his employer to appear before the court; and thereupon the court may hear and determine the matter of the complaint, and make an order for the payment by such agent, overseer, or manager to the worker of so much wages as to the court appear to be justly due with costs as aforesaid.

If such agent, overseer, or manager fails to pay such sum with costs awarded, and neglects or refuses to give a draft or order on his employer for such sum with costs awarded, then the court shall and may issue its warrant to levy the same by distress and sale of the goods and chattels of such employer.

As amended by Act of 1937, 1 Oeo. 6 No. 15, s. 3. As to what constitutes agency, see Smith v. Thompson, [1924] St. R. Qd. 271;

[1924] Q.W.N. 46; 18 Q.J.P.R. 107.

36. (1) Wages recoverable against mortgagee on failure to recover from mortgagor. Notwithstanding anything contained in the "Mercantile Act of 1867," if any worker is prevented or hindered from recovering any wages from a mortgagor for work done in cultivating or otherwise improving any land under mortgage, or in cultivating or otherwise in connection with any crop under lien, or in connection with any animal or vegetable substance prepared or manufactured by machinery secured under bill of sale, or in tending, feeding, driving, or otherwise in connection with any mortgaged stock, owing to such land, crop, machinery, or stock having been taken possession of or sold by the mortgagee, or owing to the cheques, drafts, or orders of the mortgagor being drawn upon and dishonoured by the mortgagee, the mortgagee shall, as between himself and such worker, be deemed to be and to have been the employer of such worker.

The mortgagor shall be deemed in the hiring of such worker to have acted as the duly authorized agent of the mortgagee, without prejudice, nevertheless, to any statement of accounts between mortgagor and mortgagee, and subject also to the following proviso, namely:-

Liability limited to six months from application for wages or taking possession of land, etc. That such mortgagee shall not be liable for any wages accrued more than six months previous to the date of such worker's first application for such wages to such mortgagee, or a like period previous to the date of such mortgagee having taken possession of such land, crop, machinery, or stock, whichever of such dates was first in time.

(2) Liability not to weaken mutual rights and duties. The liability hereby imposed upon the mortgagee shall not in any manner weaken or interfere with the powers, duties, rights, and liabilities of the mortgagor as between himself and the worker.

WAGES ACTS, 1918 TO 1954 ss.34-36 727

(3) Worker having obtained order for wages against mortgagor failing to obtain same may proceed against mortgagee. If any worker has taken proceedings against a mortgagor for wages (whether he has or has not obtained an order for payment against the mortgagor), and, trom any such cause as aforesaid, he fails to obtain payment of such wages or any part thereof from the mortgagor, he shall not, by reason of such proceedings, lose any right he would otherwise have to proceed under this section against the mortgagee for the amount of such wages, or the unpaid part thereof, as well as the costs of the proceedings against the mortgagee.

( 4) Warrant of distress may be levied whether property of mortgagor or mortgagee. In any case in which any warrant of distress is issued to recover any wages due to a worker for any such work as aforesaid, such warrant shall and may be levied upon and enforced against the mortgaged land, or any premises, crop, machinery, or stock whereon or in connection with which such worker has been employed, notwithstanding that such land, premises, crop, machinery, or stock has been taken possession of by or on behalf of the mortgagee under hi" mortgage.

Any such warrant, so far as concerns the said land, premises, crop, machinery, or stock, shall be deemed to authorize a levy or distress and sale of or against the property of the mortgagee and also of or against the property of the mortgagor. Any sums so paid by or recovered from the mortgagee shall be deemed to be advances made by the mortgagee to the mortgagor under the mortgage and secured thereby and recoverable thereunder.

( 5 ) Section to apply to mines and miners. This section shall, mutatis mutandis, apply to and be deemed to include mines and all buildings, works, and machinery used in connection therewith; and the word "mortgage" in this section includes any mortgage or bill of sale of any mine or building, works, or machinery used in connection therewith; and the word "miners" means and includes all persons employed in and about any mine or in connection therewith:

Provided that the mortgagee shall not be liable for any wages of a miner accrued more than one month prior to the date of such miner's first application for such wages to such mortgagee, or a like period previous to the date of such mortgagee having taken possession of the mine, buildings, work, or machinery, whichever of such dates was first in time.

(6) "Possession" of crop for the purposes of this section. For the purposes of this section the provisions of section thirty-eight of the "Mercantile Act of 1867," relating to the possession of any crop or crops, the subject.:matter of a lien under and within the meaning of the said Act, and the whole produce thereof, shall apply and extend in respect of every crop subject to a mortgage within the meaning of this Act, and the whole produce thereof, and whether such mortgage is or is not a lien to which the provisions of the "Mercantile Act of 1867" apply, and whether such mortgage was effected before, on, or after the passing of "The Wages Act Amendment Act of 1937."

As amended by Act of 1937, 1 Geo. 6 No. 15, s. 4. Acts referred to:

Mercantile Act of 1867, title MERCANTILE LAW. Wages Act Amendment Act of 1937, not reprinted.

728 LABOUR Vol. 8

Sections 31-33 of the Bills of Sale and Other Instruments Act of 1955, title MERCANTILE LAW, provide for liens on crops. As to "crop", see s. 6 thereof and s. 3 of this Act.

For definitions of "worker," "mortgagor" and "mortgagee," see s. 3. This section does not apply to the Agricultural Bank as mortgagee, Co

ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1951, s. 37 (4), title BANKING, Vol. 1, p. 749.

For the right of a lienee of sugar-cane to recover from a purchaser of the sugar-cane amounts paid under this section, see Liens on Crops of Sugar Cane Acts, 1931 to 1961, s. 9, title SUGAR.

This section is restricted to claims made under s. 34, Saluego v. Jefjery (1937), 31 Q.J.P. 77.

The taking possession by the mortgagee constitutes a hindrance in recovering wages in respect of the period prior thereto (Queensl,and Mercantile & Agency Co. v. Day (1887), 2 Q.L.J. 190; Queensland National Bank Ltd. v. Vaughan (1890), 4 Q.L.J. 13), as also does the dishonouring of the mortg,agor's cheque drawn on the mortgagee bank which has taken possession (Queensland National Bank Ltd. v. Vaughan, supra), even though the mortgagor who has become insolvent has other property (Queensland National Bank Ltd. v. Vaughan, supra).

This section applies to a mortgagee which is a corporate body, Queensland Mercantile & Agency Co. v. Day (1887), 2 Q.L.J. 190. And see s. 3.

A worker taking proceedings against a mortgagee within this section for wages due under an industrial award can and must proceed, not under s. 34, but under Industrial Conciliation and Arbitration Acts, 1961 to 1964, s. 97, p. 496, ante, Giarutto v. Shepherds Anvil Stores Pty. Ltd. (1933),27 Q.J.P. 81 (Mag. Cas.), even where he has recovered judgment against the mortgagor ibid. But see Salbego v. Jefjery (1937), 31 Q.J.P. 77.

The limitation to six months' wages is now replaced by the limitation in s. 97 (11) of Industrial Conciliation and Arbitration Acts, 1961 to 1964, p. 498, ante Giarutto v. Shepherds Anvil Stores Pty. Ltd., supra, as to which, see the note to s. 34.

Execution cannot be levied against the mortgagee's interest in the land on a judgment obtained against the mortgagor without the mortgagee being made a party to the proceedings or being called on to show cause why execution should not be so levied, British and Australasian Trust & Loan Co. Ltd. v. McCarthy (1892), 4 Q.L.J. 194.

Where the mortgagee retains the services of workers after he takes possession the mortgagor ceases to be liable for their wages and the mortgagee becomes liable to them by contract, Re Green (1890), 4 Q.L.J. 23.

37. (1) Security for wages. The amount for the time being due to all workers employed in or about a mine, in respect of their wages or other earnings in relation to the mine, not exceeding four weeks' wages or earnings to each such person, shall be a first charge upon the claim, leasehold, or land in or on which such mine is situated, notwithstanding that such claim, leasehold, or land is mortgaged or charged to secure the payment of any other moneys or that there is any lien upon the same.

And in the winding-up of a company formed for or engaged in working a mine, the amount (if any) due at the date of the winding-up order to such persons in respect of such wages or earnings, not exceeding four weeks' wages or earnings to each such person, shall be paid in priority to all other debts, secured or unsecured, of the company. Such first charge shall include all costs awarded against any person or company in any proceedings before a court to recover such wages or earnings, and any costs, charges, or expenses properly incurred in enforcing such order.

The debts so charged upon a claim, leasehold, or land and the debts so payable in priority to all other debts of a company shall rank equally amongst themselves, and, if necessary, shall abate in equal proportions between themselves.

WAGES ACTS, 1918 to 1954 ss.36-42 729

(2) Consequeutial amendments. (Repealed s. 159 of Mining Act of 1898, title MINING, and amended Contractors' and Workmen's Lien Act of 1906, now repealed.)

As to winding·up of an employer company and enforcement against such a company of debentures secured by a floating charge, see now Companies Acts, 1961 to 1964, ss. 292, 196, title COMPANIES, Vol. 2, pp. 337, 240.

38. Withholding property of worker. If aiIly employer unlawfully detains or refuses to deliver the clothes, wearing apparel, bedding, tools, or any goods in his possession belonging to any worker, any court of petty sessions may inquire into the matter of such detention or refusal by complaint in a summary way, and make an order for the delivery, within such reasonable time as the court may appoint, of such clothes, apparel, bedding, tools, or other property.

Any employer who refuses or neglects to obey such order shall be liable to a penaIty not exceeding ten dollars, and the court may, by its warrant, cause such effects to be seized and delivered over to the worker.


The reference in this section to "any court of petty sessions" must be construed to refer to a Magistrates Coun constituted under the Justices Acts, the designation court of petty sessions having been so altered by "The Justices Acts Amendment Act of 1964," No. 32.

39. Minors may sue. Any minor may sue or take any other proceedings under this Act in the same manner and to the same extent as if he were of full age.

Infants may sue for wages in Magistrates Courts, Magistrates Courts Acts, 1921 to 1964, s. 4 (5), title MAGISTRATES COURTS.

40. Court may award costs. N.Z. 1908, No. 204, s. 21. In all proceedings under this Act the court shall have power to award costs to any of the parties to such proceedings.

41. (1) Service of orders, notices, etc. lb. ss. 23, 37. All notices, orders, or documents required by this Act to be served on any person shall be served either personally or by registered letter addressed and posted to the last-known place of abode or business of such person, or shall be served in such manner and on such person as the rules direct, or as the court or the judge thereof in any particular case, by memorandum indorsed on the notice, order, or document to be served, directs.

( 2 ) Service of legal process. Service of any legal process for or incidental to the recovery of wages, or damages for non-payment thereof, or on any cheque, draft, or order given in respect of such wages, may be effected on the employer by leaving such process with or delivering the same to the manager or overseer for the time being of the works or place at or in respect of which such wages have been earned.

This subsection shall not affect any other mode of service allowed by law.

42. (1) When agent of employer liable. N.Z. 1908, No. 204, s. 40. Where an offence for which an employer or contractor is by virtue of this Act liable to a penalty has, in fact, been committed by some agent of the employer or contractor or other person, such agent or other. person shall be liable to the same penalty as if he were the employer or contractor.

730 LABOUR Vol. 8

(2) Employer or contractor exempt from liability on conviction of actual offender. Where an employer or contractor is charged with an offence against this Act, he shall be entitled, upon information duly laid by him, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer or contractor proves to the satisfaction of the court that he has used due diligence to enforce the execution of this Act, and that the said other person had committed the offence in question without his knowledge, consent, or connivance, the said other person shall be convicted of such offence, and the employer or contractor shall be exempt from liability, and shall be entitled to recover from the actual offender any reasonable costs he may have been put to.

The employer is not freed from liability unless he brings the real offender to justice, Ward Y. W. H. Smith & Son, [1913] 3 K.B. 154.

43. Penalties recoverable summarily. lb. s. 41. All penalties under this Act may be recovered by complaint in a summary way in accordance with "The Justices Acts, 1886 to 1909."

Act referred to: Justices Acts, 1886 to 1965, title JUSTICES, p. 105, ante.

44. (1) Provisions as to second and third offences. lb. ss. 42 to 44. No person shall be punished as for a second offence under this Act of a like nature to the first offence under this Act unless ten days at the least have intervened between the conviction of such person for the first and the conviction of such person for the second offence; but each separate offence committed by him before the expiration of the said ten days shall be punishable by a separate penalty, as though the same were a first offence.

(2) If no evidence of a previous conviction, offence deemed to be separate. If in any proceedings for a penalty under this Act the complainant is not able, or does not see fit, to produce evidence of any previous conviction or convictions, the offender shall be punished for each separate offence committed by him against this Act by an equal number of distinct and separate penalties, as though each of such offences were a first or second offence, as the case may be.

(3) Limit of time for prosecution. No person shall be proceeded against or punished as for a second or as for a subsequent offence after more than six months from the commission of the next preceding offence.

( 4) Evidence of a previous conviction. It shall be sufficient evidence of a previous conviction under this Act if a certificate signed by the proper officer having the custody of the record of such previous conviction, or of the proceedings of the court in which such conviction was obtained, is produced to any court inquiring of a second or subsequent offence, or in any case where it is necessary to prove such previous conviction, in which certificate shall be stated in a compendious form the general nature of the offence for which such previous conviction was had, and the date of such conviction.

WAGES ACTS, 1918 TO 1954 ss.42·47 731

It shall not in any case be necessary to prove the signature or official status of the officer signing or giving such certificate, or that the said conviction, was not quashed, or reversed on appeal, or otherwise howsoever.

With subsection (4), cf. Evidence and Discovery Acts, 1867 to 1962, 55. 32, 33, title EVIDENCE, Vol. 5, p. 495.

45. (1) Partner not to be liable in certain cases. N.Z. 1908, No. 204, ss. 45, 46. No person shall be liable to be convicted of any offence against this Act committed by his copartner in business, and without his knowledge, privity, or consent; but it shall be lawful, when any penalty or sum for wages, or any other sum, is ordered to be paid under the authority of this Act, and the person ordered to pay the same neglects or refuses to do so, to levy the same by distress and sale of any goods or chattels belonging to any copartnership, concern, or business in the carrying-on of which such wages became due or such offence was committed.

(2) Judgment and execution against partners. In all proceedings to recover any sum due for wages it shall be lawful in all cases of copartnership for the court, at the hearing of any action for the nonpayment thereof, to give judgment against anyone or more copartners for the payment of the sum appearing to be due; and in such case the service of a copy of the summons or other process upon one or more of such copartners shall be deemed to be service upon all; and any execution or other process may be had and enforced upon any such judgment in accordance with the ordinary law and practice affecting such court.

As to proceedings against partners, see also Bishop v. Chung Bros. (1907), 4 C.L.R. 1262.

46. Nothing in this Act shall be construed-(a) Other remedies not to be affected or rights between parties

varied. N.Z. 1908, No. 204, ss. 18, 19. To prejudice any other remedy which a worker may have against the contractor in respect of the debt due to him, or, save as expressly provided, to affect any right subsisting under any contract between any contractor and the person employing him; or

(b) Not to apply to personal chattels in possession of worker. To lessen the security held in respect of work done upon a moveable chattel by a worker, who has a right of a lien thereon and may retain or sell the same in payment of his work; or

(c) To limit or affect the provisions of "The Industrial Arbitration Act of 1916" or any award or agreement thereunder.

Act referred to: Industrial Arbitration Act of 1916; see now Industrial Conciliation and

Arbitration Acts, 1961 to 1964, p. 405, ante. For a worker's right of lien on a movable chattel, see 24 Halsbury's Laws of

England, 3rd ed., p. 152.

47. Females not to be imprisoned. Nothing in this Act shall authorize the imprisonment of any female.

,

732 LABOUR Vol. 8

SCHEDULE I [so 2] --------------~------------------------------------~---------------

Number

25 Vic. No. 11 34 Vic. No. 16 48 Vic. No. 14

Title

"Masters and Servants Act of 1861" "The Wages Act of 1870" "The Wages Act, 1884"

SCHEDULE II (1) NOTICE OF AITACHMENT

To [Name of employer].

Extent of Repeal

The whole The whole The whole

Pursuant to Part II of "The Wages Act of 1918," take notice that [name of contractor] being indebted to me [or us] in the sum of $ [or in the sums set opposite our signatures] for wages, you are hereby required to retain in your hands all moneys due or accruing due from you to the said [name of contractor].

Dated this day of , 19 A.B., [Worker] $ [Amount owing] C.D., $ E.F., $

(2) ORDER FOR PAYMENT OF AMOUNT DUE TO WORKER

In the Court, District.

Between A.B., plaintiff, and C.D., defendant. To [name of employer], of The above-named plaintiff having on the day of , 19 ,

obtained a judgment in this court against the above-named defendant for the sum of £ for wages, you are hereby ordered, under Part II of "The Wages Act of 1918," to pay to the plaintiff the aforesaid amount out of any moneys now due or from time to time becoming due from you to the defendant.

Dated this day of , 19 [Seal of Court]

Clerk of Petty Sessions [or Registrar].

(3) RECEIPT TO BE GIVEN BY WORKER ON PAYMENT OF HIS CLAIM

I hereby acknowledge that the sum of £ , due to me by [name of contractor], for which I obtained judgment in the Court at on the day of , 19 , under Part II of "The Wages Act of 1918," has been fully paid by [name of person paying--i.e., contractor or employer].

Dated this day of , 19 A.B. [Worker].

The reference in the form of order in this Schedule to "Clerk of Petty Sessions" must be construed to refer to Clerk of a Magistrates Court constituted under the Justices Acts, this construction of such reference being required by "The Justices Acts Amendment Act of 1964", consequent on the alteration made by that Act of the designation court of petty sessions to magistrates court constituted under the Justices Acts.

Dollar symbols substituted in forms of Notice of Attachment and Order in this Schedule pursuant to section 7 of Decimal Currency Act of 1965.

THE WAGES ACTS, 1918 to 1954

Documents

Transcript of THE WAGES ACTS, 1918 to 1954