Employer’s penalty deplored

Press, 25 November 1981, Page 10

Employer’s penalty deplored

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PA Dunedin “A Draconian and disgraceful penalty for such a minor offence" had already been imposed by a man's employer, the Railways department, Judge Paterson has been told in the District Court at Dunedin. Counsel. Mr M. M. Mitchell, asked that MurrayTodd. aged 35. a shunter, be thus discharged without conviction under section 42 of the Criminal Justice Act. The Judge agreed to discharge Todd and expressed concern that the department

had imposed a penalty before the matter had been dealt with by the Court. Todd had pleaded guilty to assaulting a yard foreman during an argument over the position of the complainant's car in a Railways' car-park on October 9. Sergeant A. N. Bremner said that the complainant had told Todd he would take action against him because he was intoxicated, Todd lost his temper, grabbed the complainant by the neck and shook him against a wall. He told.the police he had

had a domestic dispute earlier and had had a few drinks because he was upset. He also said he .and the complainant did not get along and he lost his temper. Mr Mitchell told the Court that Todd had been demoted to freighter operator for 12 months and this would cost him about $4OOO in lost pay. Sergeant Bremner said that if the prosecution had known of this it was unlikely the charge would have been brought before the Court. Because the complainant had suffered no other injury

than a shaking, the Judge said this was not the first time a tribunal of some sort had imposed a penalty when the matter was still to be brought before the Court, and he disapproved. “Whether an employer imposes a penalty or not is his business, but he should wait until the Court of the nation deals with the matter first. "This is an unacceptable, practice." He made no mention of the nature of the penalty imposed on Todd.