2
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(3)
as to passage money an...ændertaking that
the passage of the worker to the place at which the
contract is to be performed shall be provided by
the employer free of charge to the worker,
(k) an undertaking that upon the termination
of the contract otherwise than by or in consequence
of the default of the worker, the worker if he so
requests shall be repatriated at the employer's
expense.
(1) (m)
and (n) contain other undertakings and
stipulations on minor matters.
Under section 6 every contract shall be presented
to the Commissioner for attestation before the departure
of the worker so long as the particulars required by (a)
to (g) inclusive and (i) are set out in the contract and
the undertakings required by (j) (k) (1) (h) and the
stipulations provided by (n) and (m) are included the
Commissioner should attest it if satisfied as to the
matters set out in section 10.
The effect of the (rdinance is that the freedom to
The
contract is interfered with in that certain undertakings
must be given and certain stipulations complied with.
matters dealt with in (a) (g) inclusive are all matters to
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can find
be arranged and agreed between the parties, and I
no authority given to the Commissioner to dictate in respect
of these matters.
In my view it would be ultra vires for the Commissioner
to refuse to attest a contract because in his view the natur
of the employment was unsuitable (c) the wage rate was too
low or overtime insufficiently rewarded (d) the hours were
too long or holidays insufficient (f) or the term of the
contract too short or too long or notice of determination
insufficient.