£250 Damages Awarded For Wrongful Dismissal

Press, Volume C, Issue 29679, 24 November 1961, Page 14

£250 Damages Awarded For Wrongful Dismissal

(New Zealand P> WELLINGTON, Nov. 23. Arthur Francis Bailey, a business executive, of Wei- ; lington, was awarded £250 ; damages by a jury in the i Supreme Court at Wellington : today in an action in which he claimed £l5OO damages • against tbe Drapery and General Importing Company 1 of New Zealand, Ltd., for i wrongf il dismissal. i The jury was directed by Mr Justice McGregor that “the wrong, if any” committed by the company was in giving insufficient notice. His Honour said the only ■ damages recoverable would ! be in respect of insufficient notice. Mr G. C. Hogg appeared for 1 Bailey and Mr J. T Eiehcibaum for the D.I.C. Edward Francis Ward, manager of the DJ.C, said he was “not happy" with Bailey and consulted the managing-director. It was decided the company would have to terminate Bailey’s 1 services and he was instructed by the board to have a talk with Bailey to offer him the opportunity of resigning. To Mr Eichelbaurn, Ward said Bailey’s ill-health did not influence his decisiorf. When 1

’ress Association) the board decided to dismiss Bailey, he was not aware that Bailey might be absent because of illness for a long period. It was suggested Bailey receive a month's notice. In his final address, Mr Eichelbaum said the D.I.C. was prepared to give Bailey the notice it considered proper and reasonable. Bailey sought a year’s salary to compensate him for pecuniary loss and for lost opportunities. An employer had the right to dismiss staff. Mr Hogg said Bailey was employed by the D.I.C. for slightly more than two months and for about half that period was known by the company to be sick. It could be asked whether he was really given a chance to prove his capabilities.