JOBS NOT SEPT

Evening Post, Volume CXXXI, Issue 108, 9 May 1941, Page 8

JOBS NOT SEPT

RETURN FROM TRAINING

CITY FIRM FINED

COMMENT; FROtf BENCH

Failure by D. P. Fisher, Ltd., piston and piston ring manufacturers, to reinstate two employees at the conclusion of their Territorial military service resulted in substantial fines being imposed upon the firm by Mr. J. H. Luxford, S.M., in the Magistrate's Court today. Tne Magistrate, in a reserved decision, commented ,that in / one instance the defendant -firm had attempted1 to puhish; a young lad wbbse only fault Avas a keen and commendablfc desire to make - himself an efficient citizen soldier, and that in the other instance had attempted to discredit the youth as a workman in order to evade its responsibilities undei* the Regulations. ,'■■ v* /•■.; ■■' : v>«. -. ■ .'• ■•;■•;; /" . The' defendant firm was charged with two breaches Of the Occupational Re-establishment Emergency Regulations, the first information relating to T. K. Needharh, a volunteer member of the Territorial Force who was ordered, to report .for mobilisation training. After discussing the evidence, the Magistrate said that Needham applied for reinstatement the day following the completion of his military duties, and was : told that the matter would be considered. Later he :.;was informed that the. firm would not ■.reinstate'him. ; ; . ; . .-, , :. ■ / , .-..; "Counsel for the defendant firm, ,Mr. A. J- Mazengarb, contends that the refusal to reinstate was justified because Needham's conduct amounted,to. a-wilful disobedience of- an order," said the Magistrate. "I am unable, to agree with that contention. The obligation of an employer to , reinstate a serving employee who was employed for at least four weeks immediately prior to his offering himself or being called up' for military service is absolute, unless the -employer can;,establish one of-the grounds of excuse specified in the Regulations. The only possible ground of excuse in this case is 'that by reason of a change of circumstances (other .'than the engagement of some other person to replace Needham) it was not reasonably practicable: to reinstate him.' v / "The change of circumstances disclosed by the evidence is that after Needham was called up for service the defendant obtained temporary exemption therefrom on his behalf^ but. in spite-;of that, and without the permission of the defendant, he reported for duty in accordance with; the order he had received and completed the prescribed period ,of military service." /■ •-. NO-LEGAL EXCUSJE. Counsel continued the Magistrate,! did not state any specific reason why it should'be. impracticable -to reinstate Needham, but suggested that the defendant was entitled to punish him for' leaving his work in the way he did. The Regulations, fortunately, did not give such a right to an employer, and it must be held that there was-no legal excuse for the defendant company's failure to/fulfil its obligations. "This case calls for a substantial penalty. The defendant attempted to punish a young lad whose only fault was a keen and commendable desire to make himself an efficient citizen soldier," said the Magistrate. "I will impose a ifine of £20, and the defendant is ■ $1^ oiiirea>^: pay -: Needham six. weo^lfe:.wl^svat;?32s. 6d,- ;and-pay the costs :6t ihe|jbformation." : The s^cohd^informatipn related to G. R. Billing^vwho was called up for service iri;;:the/§econd ballot. The defendant appealed to the. Man-power Committee to/.make an order that Billing : and:::an; ';. employee : named Cameron perform their military duties alternately.- This appeal was dismissed, and Billing' was passed fit for service. Subsequently, on January 13, the defendant dismissed-him. He reported for military duty ; on January 16,. but was discharged owing to ill health a month later.' He applied to the-de-fendant to reinstate him on February, 19, but the application was refused. The defence was that Billing was dismissed because he was not capable of performing any work carried out in the defendant's foundry. ■ , WOULD NOT HAVE APPEALED. "I am satisfied from the evidence that the reasons given in support of Billing's dismissal are not justified," said the Magistrate, who added that if he had been incompetent the firm would not have appealed to have his military training postponed. Fortunately, he said, Billing obtained employment at a higher wage three weeks after he was discharged from the Armyi However, that does not minimise the defendant's offence, and.the attempt to discredit Billing as a" workman in order to evade responsibilitiesjinder the Regulations. ,' On this charge a fine of £10 was inflicted, and the firm was ordered to pay Billing three weeks' wages and also to pay costs. > : At the hearing Mr. E. W. H. George appeared for the Labour Department.