S.M. COURT.

Auckland Star, Volume XXXVIII, Issue 162, 9 July 1907, Page 3

S.M. COURT.

(Before Mr E. W. Dyer, S.M.) Disputed Wages Claim.—E. T. Cartwright (Mr Sharpies) claimed of W. T. Davles, Ltd. (Mr Prendergast), a sum of £41 7/10 for wages alleged to be owing over and above what were paid for a certain period between August 18th, 1905, and last June, and inclusive of £14 in lieu of one month's notice, the amount being claimed under a verbal agreement as to wages of £Z 10/ "per week. The plaintiff's statement was to the effect that he was taken on by'the defendant company as a traveller, in June, 1905, at £3 10/ per week. In March of last year lie met with a buggy accident, which disabled him from taking the road again until August IS, when he was prepared to resume his duties. As another man had been put on travelling in his place meanwhile, he took up various duties in the .warehouse and factory, his time being devoted to designing, patterncutting, and sundry other duties. In one way and another his time was fully occupied. There was an express agreement also that the engagement was to be terminated by a month's notice on either side. Between August 18 and June 15 last, he had been engaged in generally supervising the factory, and it was during this period that the difference occurred in the computations of himself and the defendants. He bad also been discharged without notice. The defence was that plaintiff had been compensated in full through the Ocean Accident Insurance Co. for the period during which he was disabled. It was contended that during the period between August 18 and last month, plaintiff fiad.absented himself on several occasions for periods ranging up to a fortnight. Plaintiff was several times reminded that his full salary would be resumed when he took the road again. He was finally taken off the road in the beginning of April, and put to work in the factory. He was given a week's notice on June Bth last, and left on the 14th. The ram of £2 16/9, admittedly owing to plaintiff, had been tendered to him and refused. The further hearing of the case was adjourned until Thursday afternoon.