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Woman Claims £2OO DISMISSAL SEQUEL Action Against Journal Alleging that she had been wrongfully dismissed, Mrs. Nellie Digby claimed damages from the Radio Publishing Company of New Zealand in the bupreme Court yesterday. cas .f{ which occupied the whole of the day, will be continued this morning. Mr. Justice Blair was on the bench. Mr. C. G. White appeared for the plaintm, and Mr. C. A. L. Treadwell, with him Mr. James, for the defendant company. In her statement of claim, the ,P la 1”" tiff said she had been appointed to tne staff of the “New Zealand Radio Record in December, 1929, at a salary of a week, and she had continued in her duties there until July, 1930, when she had been notified that her services were no longer required, and had been offered four weeks salary in place of notice. She alleged that the termination of the contract was ■wrongful in that.it was a breach of a term stipulating that the period of her employment was to be not less than two years. She claimed £2OO damages, and, in addition the costs of the action. . The defence denied that . the plaintiff had been engaged for a period of not less than two years, and alleged that the contract had been terminated on account of breaches made by' the plaintiff herself: (I) That she did not, as required, supply material to fill six of eight pages a week of the “Radio Record”; (2) that she was usually late in supplying material; (3) that the quality of the material was poor, and not original; (4) that she failed to keep in touch with the electrical trade, and as a result the defendants had lost advertising matter, while the section under the plaintiff’s charge had degenerated, with the result that the general standard of the newspaper had deteriorated; (5) that she had neglected her duties, and had,proved herself unskilful and incompetent in the.performance of her It was also alleged that the plaintiff had been warned on many occasions of her various deficiencies, and had been given every opportunity to perform her contract, but she had neglected to improve the quality and quantity of her work. “Electrical Drive.” Giving evidence, the plaintiff said she was a qualified accountant, and had had considerable experience in England in regard to domestic electrical equipment. In an interview, Heighway, the managingeditor of the “Radio Record,” referred to a proposed “electrical drive,” and outlined the work which he desired her to take up. ■. Cross-examined oy Mr. Treadwell, the plaintiff said she understood that the position was to be a full-time one. She denied that her articles were. not up to standard, and that she did not supply her quota. . Asking that the plaintiff be non-suited, Mr. Treadwell submitted that the contract was for one of a longer period than twelve months, and therefore had to be in writing; that the letter appointing her did not contain all the terms of her contract, and was therefore not complete; and that the date of commencing her duties should have been included, and was not. His Honour said he would reserve his decision on the nonsuit point. Mr. Treadwell said that the defence was that the plaintiff was incompetent for the task she took upon herself to perform. Tf she proved incompetent then she was not entitled to any notice at all.; Mrs. Smith had to show initiative and enthusiasm, and evidence would be called to prove that she showed neither initiative nor the slightest sign of enthusiasm throughout her whole career on the paperi She was to be responsible for the section, and also for the filling up of a certain number •of pages. Her efforts tq keep In 'touch with the electrical trade; failed lamentably. - ■ v , -? Advertised for Journalist. Going into the box, Arthur James Heighway, managing-editor of the. “Radio Record,” said that toward the end of last year representations were made to him by certain interests in the electrical trade that it was desirable frbm their point of view to have a paper in New Zealand concentrating upon furthering the interests of electricity in the home. After going into the question he advertised for a competent journalist, stipulating that the successful applicant would have to possess initiative, enterprise, and enthusiasm. (Mrs. Digby Smith impressed him because of her association with the electrical trade, and because of the fact that ip the past she had had some experience with magazines. In outlining the proposition to Mrs. Smith witness mentioned that it was proposed to establish in the “Radio Record” an electrical home section. He pointed out to her that the whole success of the venture, which would be a costly one, would depend upon her iniative,’ personality and skill. He explained just what was expected of her. He told her that she would be required to keep in the closest possible touch both with the wholesale and retail branches of the electrical trade and also with the Public Works Department, with whom he had arranged for access to electrical journals. She was told that in addition she would be required to write each week one star feature of about a page in length dealing with a subject to be chosen by herself or as arranged. Further, she was informed that she would be required to conduct a cookery page and also a fourth feature relating to household hints. She was asked to make sure that she could do the work. Mr. Treadwell: How did you find her work? ... . Witness: I was speedily disappointed with her.

Why?—“There was not much snap in her written matter and she did not seem very keen on her position. _ She seemed very poor in the matter of ideas. She came to me and asked me what she should write about.” . e Witness said that after a while the page degenerated and he introduced an original poem competition in order to brighten it up. At this stage the court adjourned until this morning.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/DOM19301210.2.21

Bibliographic details

Dominion, Volume 24, Issue 65, 10 December 1930, Page 7

Word Count
1,003

RUNNING A PAGE Dominion, Volume 24, Issue 65, 10 December 1930, Page 7

RUNNING A PAGE Dominion, Volume 24, Issue 65, 10 December 1930, Page 7