QUESTION OF NOTICE

Evening Post, Volume CXI, Issue 92, 20 April 1931, Page 9

QUESTION OF NOTICE

TEACHER AND EMPLOYER

Allegations' of, wrongful termination of employment!'form the basia of a claim being heard by Mr. T. B. M'Neil, S.M., in the Magistrate's Court, in which Miss TJ. H. Fcatonby, a former mistress at Banks College, is proceeding against H. Amos, a director of the college. The plaintiff, for .whom .MTu. D. W. Virtue appeared, said in her statement of claim that she entered the employ of the defendant in February, 1923, as a practical bookkeeping an*d accounting assistant at a salary of £.204.a year, which rose to' £300 a year. She was to get one month's holiday each year on full salary. On 30th. November, 1930, the plaintiff commenced her vacation at the request of the defendant, it was alleged, and she received her salary up to that date. In January, f1.931, they plaintiff; received written notice terminating her appointment. The plaintiff claimed £25, representing the balance 'of the yearly salary allegedly due to her under tho terms of her- employment, and £75 general damages, representing one .term's salary, in lieu of one term's notice. In evidence the plaintiff said she held the degree of Bachelor of Commerce, and had* also passed the professional examination of the New Zealand Society" of Accountants. In October, 1930, Mr. Amos told a Miss Fowler'and witness that, although he- was very sorry to do it, he would5 have to give the two of them and another teacher two months' leave without pay. The financial position' of the college was such that this Ttas imperative, and Mr. Amos indicatpd that if they' could find new situations he would do all he could to assist their departure. Towards the end of November 'witness saw a position: advertised, and obtained a reference from Mr. Amos, but did not g-et the' position. When she was paid at the end of November Mr. Amos told witness that there was a possibility that she might not recommence her duties at the' beginning of February. It all'depended on how the new school went, and if this was not too satisfactory he might have to rearrange the classes and employ a . junior in her place.- Witness'drew her salary up to the end of November, and the first intimation' she received that she would not be commencing her duties in February, 1931, was when sho received the letter in. January. Witness had not been able to obtain a similar position, and she now only had. part time employment during the day, and was also doing a little private coaching at night. Cross-examined -by. Mr. Spratt,- witness said that early in 19,30 she had hoard from outside sources that the financial position of the. college was not good. _, She had in May applied for another position, arid had realised that. Mr.* Amos could have dons without her services. He had always given, her very high credentials. Had she obtained the position sho applied for she would prrfbably have given a month's notice. For the defendant, Mr. F. C. Spratt contended that notice had been given at the meeting early in October, arid this notice expired at tho end of November. Mr. Amos thought he had made it quite, clear that the employment ceased at the end of November, but ho hoped things would brighten up so that he would be able to offer recngagement in tho Now Tear. In the meantime ho advised them. *to look around for new positions. Counsel contended, firstly, that notice was given at the beginning of October, and was accepted, and, secondly, that a month's notice was reasonable. (Proceeding.)