NG Native Labour Now Can Defy NG Employers

THE judgment of Mr. Justice Kelly, of the New Guinea Supreme Court, quashing the conviction of a native labourer who had been pro ceeded against in a District Court for failing to work the 44 hours for which he had contracted, directs pointed attention to one of the heritages of the Ward-Murray regime of 1945-50.

The Native Labour Ordinance of 1946 (immediately after the war) wiped out the earlier laws covering native labour, and considerably modified the system; but it never theless did make provision that an indentured native labourer should work a 44-hours week, and that, if he refused to do this, without reasonable excuse, he could be found guilty of an offence and fined heavily and, in certain circumstances, he could be arrested and a magistrate could order that he be returned to his employer.

But Minister Ward and Ad ministrator Murray were not satisfied with the 1946 Ordinance. In 1950 it was superseded by another

Ordinance—framed, on the face of it, to express the hatred of Minister Ward for all employers, and the tender concern of Administrator Murray for all natives.

The 1950 Ordinance merely pro vides that a native under contract shall work a 44-hours week; and, if he refuses to do so, he cannot be punished in a way that he will understand. The former indenture is now called an “agreement”, and pro vision is made that the agreement shall “contain an undertaking by the employee that he will at all times and to the best of his ability perform the duties allotted to him under the agreement”. Then there is provision that if the labourer does not honour his undertaking, the agreement may be cancelled. The employer’s only remedy against a defaulting employee is at common law.

It was pointed out at the time that the 1950 Ordinance appeared to be an absurdity, because it proposed to treat these primitive New Guinea native labourers as if they were

educated and responsible Europeas This latest case justifies that criticisi IN this particular case, a Rabd employer, Mr. G. B. Black, pq ceeded in the District Court again a native labourer, Kariman Kwonoi meri, who had refused to work stipulated 44-hours week, and H defied him. The Magistrate, K Rigby, convicted the native. T native’s case was taken up by Crown Law Office, and an appq lodged, on the ground that no offeit had been proved.

Judge Kelly upheld this contend!

He pointed out that the provisions? the 1946 Ordinance had been cm pletely wiped out, and other pq visions inserted, so that the e ployer’s only recourse against a oz tract labourer who refused to won a 44-hours week was a civil actii; at common law. There was no doic that the removal of the pee remedies allowed the employer umr the 1946 Ordinance was the liberate intention of the law-maid authority. All that the employer nn can do is to apply to a Court permission to withhold payment . the deferred wages of a default! employee.

So the conviction recorded agaii Kariman is quashed. It can be taL as certain that all “contras labourers soon will understand tIL apart from the risk of losing tH deferred pay, they are under penalty if they decide to break tH labour contract and defy their © ployer. Yet this Australian Gov© ment is trying to induce people e invest in New Guinea, whd adequate and dependable lab«c is essential to the development : any enterprise.

As will be seen in an article ; page 85, this matter of labour-I desertions (already a serious problea has been put before the Australx Minister for Territories, in his usi vigorous style, by President Barn of the New Guinea Planters’ Aev ciation. There is no doubt that Minister will see the urgent need J appropriate action. But, with Menzies Government’s now notorir fear of Socialist reactions, and w one eye on the gentlemen of Trusteeship Council, Mr. HaslL may be slow to move. The Planth Association should not let the mae be pigeon-holed. Prompt actiona necessary, if further demoralisatr of the native labour situation is?j be avoided.