Man awarded $160,000

Press, 11 December 1981, Page 1

Man awarded $160,000

PA Auckland A High Court judge has made an interim award of $161,186 damages to a former managing director of the 3 Guys supermarket chain who was "summarily and wrongfully" dismissed by Mr Albert Gubay. Mr Justice Moller has rejected allegations of misconduct brought against the former managing director, Graham Angus Hewin. of Auckland, by 3 Guys, Ltd, and two associated companies, North Island Wholesale Groceries, Ltd, and Lynley Buildings, Ltd. His 36-page reserved decision. released yesterday, comes after a hearing over 15 days in March, April, and May this year. Mr Hewin's claim against the three companies was

heard at the same time as a counter-claim against him by Lvnley Buildings and North Island Wholesale Groceries. His Honour found that Mr HeWin was appointed managing director of all three companies in June, 1976, having been hired by Mr Gubay as an accountant when Mr Gubay was setting up the discount grocery business in 1971. The Court heard that in January. 1979. he received a letter from Mr Gubay after the publication of a trade brochure. The letter asserted that secrets relating to company operations had been disclosed. Mr Gubay’s letter ordered Mr Hewin and another official to "advertise your jobs." The letter said that the other official "talked too

much” and of Mr Hewin it said: “You, as managing director, are so weak that while having the authority to stop such information leaking out, you chose not to do so.

“Under the circumstances, neither of you are of the calibre of man that I want to have in my organisation." The letter, signed A. Gubay. is reprinted in his Honour’s decision. Awarding total damages of $161,186, his Honour said the judgment would be an interim one because money owed by Mr Hewin on his house loan from Lynley Buildings would have to be set against the damages. On top of the damages, Mr Hewin was awarded interest at 9 per cent a’ year from April 27, 1979, to March 23 this year.