THEFT ALLEGED.

Press, Volume LXVI, Issue 19853, 14 February 1930, Page 5

THEFT ALLEGED.

APPRENTICE DISMISSED. MAGISTRATE RESERVES DECISION. A case involving some interesting points in connexion with the jurisdiction of the Arbitration and Magistrate's Cburts was beard by Mr E. D. Moeley, S.M., in a civil action yesterday. in Which Kentteth Birfc McLellau (Mr K. G. Archer), apprentice, claimed from Teach Bros., garage proprietors (Mr M. J. Gresson), the sum of £4O for loss of wages and damages for alleged wrongful dismissal. Among the points raised by Mr" Archer Was whether the Arbitration Court was a controlling or a judicial authority and whether the Magistrate's Court should, in a subsequent civil case, Uphold the decision of the Arbitration Court that an apprentice had been wrongfully dismissed. , ~. Mr Archer said that the Arbitration Court had sustained the plaintiff's appeal and held that the plaintiff's alleged offence of theft, for which he Was dismissed, was not proven. It could not, however, reinstate the apprentice. The boy was in his fifth year as apprentice, and Would shortly be out of his time. The consequent loss of wages was serious for him. .*<_ Mr Gresson said that .hirf patty should have taken the case of alleged theft to the police. Mr Archer: It might not have been proven then. Then followed an argument as to the attitude and powers of the Arbitration Court. Controlling Or Judicial Authority. Mr Gfe&fott submitted that, with all due respect to Mr Justice Frazer, the 1 jitter was, as President of the Court, there to determine which side was telling the truth in regard to the present ease The question was whether the Arbitration Court was a controlling authority or a judicial authority: Kenneth Birt McLellan said that after his .dismissal from the employ of Tench Bros, he had complained to the Labour Department. The Apprenticeship Committee ' had decided that he should not have been dismissed. He denied having stolen any tools. Some spanners were found in his locker ahd his only explanation of that was that they had either been placed there by somebody else or had been put On his oench and he had left them in the locker during the night. John R. Tench stated that some time prior to this particular incident of alleged theft there had been various complaints in his garage. A Hunmobile car had been brought into the garage, but the plaintiff had not been working oh it. Tools were marked by the defendant and his brother and were rjaced in the kit. Witness had gone up into the storeroom, an elevated gullery, & little after 6 o'clock on the night m question. The plantiff Came in, opened his locker, put some tools in, went to the Hupmobile car, took something out of the tool-box, put it in his drawer, locked it, and left the garage. Witness told his brother what had happened and an investigation was made. The tools on the car were ess amined, and it was found that several were missing; Witness had no reason to doubt, that plaintiff was the man that he saw. Mr GressOn: I want yon to make quite sure, because it is of great importance to the plaintiff. Witness; I have absolutely no doubt that the man was plaintiff. Plaintiff was accosted next day, and the marked tools were found in his drawer. He had said that he got them

oat of a motor-cycle. The marks were pointed out to him. The tools were especially made for a Hupmoblle ea*. Threatened PoUm Action. Witness had dismissed plaintiff. He had later attended an Apprenticeship Committee meeting where it Was contended that the tools had not been taken from the garage, and, therefore, not stolen. He had threatened to take the matter to the polite. There had been no friction between witness and plaintiff before this and &o untoward reprimands. Mr Gresson: Had yon any refcsoii to have a "io'itu" on plaintiff? Witness: No, none at all. Mr Archer: Is it not a fact, Mr Tench, that plaintiff was in your bad books because he did jobs for your brotherf Witness; No. Mr Archer: Why did you threaten to hand the matter to the police t Witness: Because X didn't get a chance to say anything at the Apprenticeship Committee's meeting. Mr Archer: Did that not show that' you were unwillihg to discuss the matter of taking the boy back! You say , that plaintiff only made one slip with you> and yet you intend to defy the ruling of the Arbitration Court rather than take him back. The Magistrate: The Arbitration, Court cannot make an order that the apprentice has to be employed again. It can only uphold the appeal. Mr Archer: Surely their decision means something. I submit that the fact of the upholding of the appeal means the upholding of the contract. (To witness): Why could you not give the boy another chance? Sid Not Dislike Plaintiff. Witness: One cannot afford to tolerate such conduct in one's business. Mr Archer: Didn't you have "your knife into" plaintiff? Witness: I wish you would get that point out of your head. Cross-examined by plaintiff's counsel, witness said he could not swear what was held in plaintiff's hand, and if he got it out of the car. The workshop was empty except for plaintiff. Mr Archer: Did not the boy take little care to conceal his actions P The Hupmobile car was yours and the tools belonged to "you, did they not? Witness: Yes, but plaintiff did not know that. It had Come into the garage only that day. Mr Archer: Could not the other man you dismissed the next day have taken the spanners? Is it not posible that he took them and laid them on plain* tiff's desk? Witness: No. Mr Archer: Did not the other man admit a theft? Witness: Yes.

There was a possibility of spanners becoming mixed in tha garage, ana the tools were provided for all the apprenFrederick N. Kerr, an employe* at Tench Bros., said that be had seen plaintiff take tools out of aaother car, not stealing them, but just breaking the regulations that they should aot be removed. Robert Qalbraith. another employee, said that he had noticed the Hupmohrtla car when it was brought into the garage. He bad said: "I wonder what this car is here for," and plaintiff had said: "The car doesn't matter—-the tools are what I'm thinking about. "It is rather a novel position," said the Magistrate, "and I would like some time to consider it." Judgment was reserved. _ •