STORE MANAGER'S CLAIM.

Auckland Star, Volume LVI, Issue 65, 18 March 1925, Page 4

STORE MANAGER'S CLAIM.

SEEKS SHARE IN PROFITS. EMPLOYERS COUNTER WITH LOSSES. JS^^j^Tegraph —Prf-sa Association.) WELLINGTON, this clay. The Full Court (Sir Robert Stout and Justices Sim, Reed, Adams and Ostler ) is engaged hearing the appeal from a decision of Mr. Justice Stringer by Allan Barr Carnaehan, storekeeper, of Rotorua, the respondent being the National Trading Company of New Zealand, Limited, Auckland. The case concerned an agreement of employment. Appellant, in 191S, entered the service of the respondent company as manager of a storekeeping business at Rotorua, and continued service until May, 1923, when his employment was terminated. Appellant claimed damages for alleged wrongful dismissal, but afterwards abandoned this claim and the action proceeded upon a claim for such balance of wages as should be found due on the taking of accounts. Portion of appellant's profits as manager, amounting to £330, under the terms of the employment agreement had been appropriated to a deposit account as a guarantee against possible losses. Respondent company claimed that on the iinal taking of accounts, losses had been ascertained of £350. and that the credit thereby was extinguished. Appellant claimed that appropriation of the profits to the deposit account provided by the agreement was illegal and void by virtue of Part 2 of the Wages Protection Contractors Liens Act. 100S (known as the Truck Act), and that such profits not being available to recoup losses in the business, they were illegally deducted I from appellant's wages. Respondent I company admitted that appellant was a "worker" , as defined by the Act, but contended that, assuming there was a duty to pay appellant the full amount, they were entitled tinder the agreement to set off moneys which appellant undertook to deposit. Mr. Justice Stringer held that this contention was sound and supported by authority, and, accordingly, that appellant was entitled to an order that accounts be taken before the registrar, but with direction that on Lhe taking of the accounts the registrar shall allow as against appellant's wages all losses which he shall find to have been made in the business during appellant's employment. The grounds for appeal arc that the judgment is erroneous in law. Argument is proceeding.