CLAIM FOR DAMAGES

Evening Post, Volume CV, Issue 125, 29 May 1928, Page 11

CLAIM FOR DAMAGES

WRONGFUL DISMISSAL ALLEGED ' A question of contract was involved in a case which came before Mr. Justice Smith in the Supremo Court today. The plaintiff was John Willirfm Boyce and the defendant was the Wellington Woollen Manufacturing Co., Ltd. Mr. A. Dunn appeared for tho plaintiff and Mr. A. Gray, K.C., with him Mr. R. E. Harding, for tho defendant company. The statement of claim set out that the plaintiff was employed by. the company as a chart-cutter on terms which stipulated one week's notice of termination of the engagement. He was requested to supply a complete set of patterns, and he did so, although the preparation of the patterns was not provided for in .the contract of employment, i This work was done in his spare time, and in consideration of it ho was given a guarantee of permanent employment. On 15th March, 1928, ,he was dismissed from the company at a week's notice. A claim was accordingly made for £300, alleged to be the price agreed upon as the value of the patterns, or, alternatively, £300 damages for wrongful dismissal. The defence denied that tho plaintiff had been requested to prepare the patterns, and contended! that such work was part of the, plaintiff's duty. If ho did prepare patterns in his spare time, it was submitted, he did so for his own convenience, and was not entitled to remuneration. The-- allegations regarding the guaranteo of permanent employment wero denied,. as were those concerning tho wrongful dismissal. Further, it was argued that the sum of £300 had never been agreed upon as the price of the patterns. (Proceeding.)