CLAIM FAILS.

Auckland Star, Volume LX, Issue 200, 24 August 1929, Page 10

CLAIM FAILS.

DISMISSAL JUSTIFIED.

WOEK DONE -FOR RIVAL FJRM,

Holding jth'at lie had committed;;..* • breach ■■of his engagement, and-.that %\% dismissal had'been , justified, his-Honor* .Sir Alexander Herdmari, gave judgment against. -Harry Dawson, designer 'and cutter bi.iadiey hats, who brought an ■action against Alice Eeles, of the New , Zealand -Millinery Supplies, and Harry Bertram lieaper, merchani-.. claiming £228. Mr. Singer appeared for plaintiff and Mr, Northcroft and Mr. Burt for defendants.

Evidence was given by plaintiff that he had, been engaged by defendants at £12 for I ' two years, ending August 27, but he had been dismissed on April 23 last, and he contended there had been nothing in his conduct that justified his dismissal.

I For the defence several witnesses were called to show that, while employed by ■ the defendants, the plaintiff had frequently been seen in the company of ' one of the heads of the Northern Hat ; Company, a rival firm to that of defend - dants. On the night of April 22, plain- ; - tiff was seen at the Northern Hat Co;!- i marking and cutting material in. workroom.

The Collector of Customs (Mr. J. Me: Tntosh) under cross-examination by Mr. ; - Northcroft, stated that it would be im« ; possible -without the knowledge and coiiV . ; sent of the importer or his agent for mj 'i goods to be removed from cases on ■',;. wharf during progress of examinatjorij. ' In giving judgment his Honor said v it v seemed to him defendants Bad proved a* prima facie case of misconduct against "; plaintiff. There could be no doubt plaintiff had been a frequent visitor to the ' ■ Northern Hat Co., and that he had done work on the premises for the firm. This evidence had not been successfully v e . butted. Judgment was for defendants with costs, witnesses' expenses.and..dis- 4J bursementsv" ' ''''■'" " \ '■>' : "■:■"'*: %'.*■-- f '":y