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claim based on negligence. If the amount claimed does not exceed £100 the County Court has jurisdiction; otherwise the action must be commenced in the High Court of Justice. If the claim arises under the Employers' Liability Act the County Court is expressly given jurisdiction irrespective of the amount claimed. If the claim arises under the Workmen's Compensation Act, 1906, it is automatically referred to arbitration, with the County Court judge as arbitrator if there is no Arbitration Committee or special arbitrator (see Chapter VIII.).

Disputes under Part I. of the National Insurance Act, 1911.-Section 66 of the Act provides for the determination of certain questions' by the Insurance Commissioners with certain rights of appeal to the County Court or the High Court, but these 'questions' are not disputes in the ordinary sense of that term. Section 67 deals with disputes, and enacts that subject to the provisions of Section 66 every dispute between

(a) An Approved Society or a branch thereof and an

insured person who is a member of such Society or branch or any other person claiming through him ; (b) An Approved Society or branch thereof, and any person who has ceased to be a member for the purposes of this part of the Act of such Society or branch, or any person claiming through him;

relating to anything done or omitted by such person, society, or branch, as the case may be, under this part of the Act or any Regulation made thereunder shall be decided in accordance with the Rules of the Society, but any party to such dispute may in such cases and in such manner as may be prescribed appeal from such decision to the Insurance Commissioners.

Every dispute between an insured person and the Insurance Committee relating to anything done or omitted by such person or the Insurance Committee under this part of the Act, or any Regulation hereunder, shall be decided in the prescribed manner by the Insurance Commissioners.

Claims under Part II. of the National Insurance Act, 1911.-Under Section 88 of the Act of 1911 and Section 2,

Subsection (4), of the Amending Act of 1914, the following are the provisions as to the determination of claims:

(1) All claims for unemployment benefit and all questions whether the statutory conditions are fulfilled in the case of any workman claiming such benefit, or whether those conditions continue to be fulfilled in the case of a workman in receipt of such benefit, or whether a workman is disqualified for receiving or continuing to receive such benefit, or otherwise arising in connexion with such claims, shall be determined by one of the officers appointed under this part of the Act for determining such claims for benefit (referred to as "insurance officers "), provided that—

(a) In any case where unemployment benefit is refused or is stopped, or where the amount of the benefit allowed is not in accordance with the claim, the workman may require the Insurance Officer to report the matter to a Court of Referees constituted in accordance with this part of the Act, and the Court of Referees, after considering the circumstances, may make to the Insurance Officer such recommendations on the case as they may think proper, and the Insurance Officer shall, unless he disagrees, give effect to those recommendations. If the Insurance Officer disagrees with any such recommendation, he shall, if so requested by the Court of Referees, refer the recommendation, with his reasons for disagreement to the Umpire appointed under this part of the Act, whose decision shall be final and conclusive;

(b) The Insurance Officer in any case in which he considers it expedient to do so may, instead of himself determining the claim or question, refer it to a Court of Referees, and thereupon the provisions of the last foregoing proviso shall apply as if he had reported the matter to the Court.

Under Section 90, a Court of Referees is to consist of one or more members chosen to represent employers, with an equal number of members chosen to represent workmen, and a Chairman appointed by the Board of Trade.

Under Section 2, Subsection (1), of the Amending Act of 1914, provision may be made by Regulations (and has been made) for allowing any claim or question which is reported

or referred to a Court of Referees to be proceeded with in the absence of any member or members of that Court other than the Chairman, but only if the claimant or the person or Association in whose case the question arises consents, and in such case the Court shall, notwithstanding anything in the Act of 1911, be deemed to be properly constituted, and the Chairman shall, if the number of members of the Court is an even number, have a second or casting vote.

Where unemployment pay is provided by an Association of workmen under an arrangement whereby there is repaid periodically to the Association out of the Unemployment Fund such sum as appears to be equivalent to the aggregate amount which such workmen would have received during that period by way of unemployment benefit if no such arrangement had been made, questions as to unemployment pay take the form of disputes between the Association and the Board of Trade. Under Section 105 (4) of the Act of 1911 the Board of Trade has power to make Regulations for referring to the Umpire any such question. Under Section 13 (3) of the Amending Act of 1914 the Board of Trade may make (and has made) Regulations referring such questions to Insurance Officers and Courts of Referees as well as to the Umpire.

The Regulations now in force on these various points are paragraphs 19-21 of the Unemployment Insurance Regulations, which are set out in Appendix XIII. (b).

Disputes between Inspectors and Employers.-Under the Factory Act and the Mines Acts inspectors are given power in cases of danger to take proceedings to stop the danger. Under Sections 17 and 18 of the Factory and Workshop Act, 1901, an inspector may make a complaint as to a dangerous machine or an unhealthy or dangerous factory or workshop to a Court of Summary Jurisdiction, and the Court then decides on prohibition of user, repairs, or alterations as the case may require.

The modern tendency, however, is to refer questions of industry to a special Tribunal (see the paragraph on Courts of Referees under Part II. of the Insurance Act). Thus,

under Section 99 of the Coal Mines Act, 1911, if an inspector finds any mine, or any part thereof, or any matter, thing, or practice in or connected with any mine or with the control, management, or direction thereof by the owner, agent, or manager to be dangerous or defective, he may require the same to be remedied. If the owner, agent, or manager objects to remedy the matter complained of, the matter is to be determined under Section 116 by a referee chosen from a panel of referees, whose decision is to be final. In the case of metalliferous mines a dispute under Section 18 of the Metalliferous Mines Regulation Act, 1872, between an inspector and an owner or agent has to be decided by arbitration under Section 21 of the same Act.

Trade Disputes and the Conciliation Act, 1896.-Trade disputes can be carried to the arbitrament of a lock-out or a strike, and, except for the provisions of Part I. of the Munitions of War Act, 1915, which is not a permanent Act, there is no legal machinery for the compulsory settlement of trade disputes. The full title of the Conciliation Act, 1896, is "an Act to make better provision for the prevention and settlement of trade disputes," but, as will be seen, this Act limits itself to the provision of means of conciliation, and to impartial inquiries and reports on the causes and circumstances of the dispute.

Its main enactments are as follows:

(1) Any Board established either before or after the passing of the Act which is constituted for the purpose of settling disputes between employers and workmen by conciliation or arbitration, or any Association or body authorised by an agreement in writing made between employers and workmen to deal with such disputes (referred to as a Conciliation Board), may apply to the Board of Trade for registration. The Board of Trade is to keep a register of Conciliation Boards, which are to furnish such returns, reports of their proceedings, and other documents as the Board of Trade may reasonably require.

(2) Where a difference exists or is apprehended between an employer or any class of employers and workmen, or between different classes of workmen, the Board of Trade

may, if they think fit, exercise all or any of the following powers, viz. :

(a) Inquire into the causes and circumstances of the difference;

(b) Take such steps as to the Board may seem expedient for the purpose of enabling the parties to the difference to meet together by themselves or their representatives under the presidency of a Chairman mutually agreed upon or nominated by the Board of Trade or by some other person or body, with a view to the amicable settlement of the difference;

(c) On the application of employers or workmen interested, and after taking into consideration the existence and adequacy of means available for conciliation in the district or trade and the circumstances of the case, appoint a person or persons to act as conciliator or as a Board of Conciliation;

(d) On the application of both parties to the difference, appoint an arbitrator.

If any person is appointed to act as conciliator he is to inquire into the causes and circumstances of the difference by communication with the parties, and otherwise shall endeavour to bring about a settlement of the difference, and is to report his proceedings to the Board of Trade. If a settlement of the difference is effected either by conciliation or by arbitration, a memorandum of the terms thereof is to be drawn up and signed by the parties or their representatives, and a copy thereof is to be delivered to and kept by the Board of Trade.

(3) If it appears to the Board of Trade that in any district or trade adequate means do not exist for having disputes submitted to a Conciliation Board for the district or trade, they may appoint any person or persons to inquire into the conditions of the district or trade, and to confer with employers and employed, and if the Board of Trade think fit, with any local authority or body, as to the expediency of establishing a Conciliation Board for the district or trade.

Monthly reports of conciliation and arbitration cases under this Act will be found in the Labour Gazette.

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