WAGES CLAIM

Evening Post, Volume CIX, Issue 64, 18 March 1925, Page 7

WAGES CLAIM

AN INVOLVED ACTION.

. The Full Court was engaged in Wellington this morning hearing the appeal of Allan Barr Carnachan against the National Trading Co. (N.Z.), Ltd. The judgment was given by Mr. Justice Stringer this morninp. The Court consisted of the Chief Justice (Sir Robert Stout) and Messrs. Justice Sim, "Reed", Adams, and Ostler. Mr. M.-;H: Hampton? appeared for appellant,-."and Mr. : B.: L. Zihian for"respondent. ■■■-■■-■■■ Appellant was plaintiff in the lower Court. He was employed by the company to manage a store in Rotorua. Following the termination of his engagement, he took action for damages and wrongful dismissal, but abandoned this claim, and proceeded for balance of wages asc'ertainable oh the taking of accounts. Appellant was on a salary of £3 10s weekly and one-half of the net profits after each stocktaking. The appellant was to deposit half such profits; until he had deposited £500, as a security to the company against loss. At the termination of the employment appellant had deposited £331 4s 9d, bufc the_ company claimed that -at the final taking of accounts losses amounting to £35439 3d .were shown, so that, appellants credit was thereby extinguished It was contended that defendant was not entitled to appropriate the profits, which were protected under the Wages Protection and Contractors Liens Act Defendant said that certain portions of the agreement' must Ke read together and that they constituted a mode ' of payment which was not contrary' to the Act. His Honour found that plaintiff was entitled to the taking of accounts and ordered that on the taking of such accounts the Registrar should charge against wages payable all losses made inbusiness during plaintiffs employment. This was the decision appealed against lhis morning was spent in legal argument. . .