Night-watchman’s case withdrawn from jury

Press, 7 May 1983, Page 15

Night-watchman’s case withdrawn from jury

PA Wellington A claim by John Patrick Downes, a night-watchman, for $30,000 damages against a Government department for wrongful dismissal, has been withdrawn from a jury by Mr Justice O’Reagan in the High Court at Wellington. Mr Downes had claimed that the Internal Affairs Department, in terminating his employment, was in breach of -his contract of employment in that the notice of termination was based on alleged misconduct by him outside the hours and scope of employment with the department. The Attorney-General, sued in respect of the Internal Affairs Department, was named as defendant. His Honour told jurors on

the second day of the hearing that in a case such as they had heard he had certain powers to withdraw a case from a jury. In his view, if the jury was instructed correctly as to law it would be improper or impossible for them to find a verdict for Mr Downes. In the first cause of action, he said, Mr Downes claimed he had the status somehow of custodian and was claiming the difference in wages between the custodian and a wage worker. In respect of the second cause of action, he was claiming $30,000 for wrongful dismissal because of loss of reputation and because he had been subject to humiliation and “all sorts of things,” having been affected in the eyes of his

friends and the public generally. His Honour said that in the third cause of action — in which Mr Downes claimed two days wages which he said he had been short-paid — the Crown counsel, Mr Kenneth Stone, had conferred with Mr Downes and reached a settlement on that matter. “But on the other matters, for reasons which I have just stated at length to the parties, I hold that the case should be withdrawn from you,” his Honour said. The jury was absolved from having to make decisions on the matters because the parties had settled on a figure for the third cause of action, and he had entered judgment for the defendant for the other two.