BREWER'S CLAIM

Evening Post, Volume CXXXV, Issue 31, 6 February 1943, Page 6

BREWER'S CLAIM

WORK AFTER SERVICE

LABOUR DEPARTMENT CASE

A former head breweir for the Wellington branch of New Zealand Breweries, Ltd., Robert Kenneth Logan, was the principal figure in proceedings brought by the Labour Department in the Magistrate's Court yesterday against the company under the Occupational Re-establishment Regulations, 1940. It was claimed that the company, having employed Logan, a serving employee, for at least four weeks prior to his being called up for military service, had failed to reinstate him during a period of leave without pay from military service. Mr. W. F. Stilwell, S.M-. was on the ! Bench. Mr. P. H. Kinsman appeared for the Labour Department, and Mr. G. G. G. Watson for N.Z. Breweries. TWO PERSONAL APPEALS. Logan gave evidence that he was called up by ballot on March 4, 1941. The company appealed for him on the ground of public interest, but subsequently withdrew the appeal. He lodged a personal appeal on the ground of conscientious objection, which he withdrew, and then lodged a second appeal on the same ground, which was dismissed. He was called upon to report for military service on July 17, but refused to parade. About July 28 he changed his mind, and, following a Gazette notice, he reported for military service on August 18. He went overseas in a medical unit and was later invalided back to New Zealand. He had not succeeded in obtaining re-employment in New Zealand Breweries, and was at present brewer for another company. In reply to Mr. Watson, Logan said he would not admit that he was dismissed from the service of New Zealand Breweries as a military defaulter on July 24, 1941. He would not say that his default in not reporting for service on July 17 was deliberate. , Mr. Watson: On July 24 you were called by Mr. Madden' (managing director of the company and manager of the Wellington branch) and told that the directors had decided to dismiss you on account of your attitude to military service?— Yes, but he did not say it as definitely as that. Witness said he was perfectly aware that if he persisted as a military defaulter he would have to be dismissed. It was left to Mr. Madden and himself when he should finish up. Mr. Watson: You did not expect to stay as head brewer in charge of 50 or 60 men if you were a military defaulter?— No. GRATUITY FROM COMPANY. Further cross-examined, Logan said that he went on a holiday on August 2. He was paid up to that date by the company, and was also given a gratuity of upwards of £100. At that time he was not under .the impression that his employment had been terminated. Tie also received a refund of his contributions under the company's provident fund. Mr. Watson: If you knew you were definitely dismissed, you would expect them back?— Yes. By that time 1 had fully decided to leave the employment of the company in any case. Logan said that from Mr. Maddens attitude he had been clearly under the impression that the directors would change their minds about the dismissal. Mr. Madden had expressed pleasure at the change of mind concerning military service. To the Magistrate, Logan said that, looking back, he did admit he was dismissed, but at the time he had difficulty in understanding what the position was. _ ~„,., Called by Mr. Watson, David William Madden said the company's appeal had been lodged formally becaiise Logan had pointed out to him that an appeal had to be lodged by a certain time. He had said nothing to witness for some time about a conscience appeal. On July 24 witness told Logan of the directors' decision regarding him. Mr Watson: Did he appear to understand he was dismissed?— Oh. quite. He remarked that he quite appreciated the directors' point of view and realised that they. could not have adopted any other attitude. EFFECT ON STAFF. Witness said that nothing had been said either then or subsequently, directly or indirectly, to indicate to Logan that the dismissal would be revoked, withdrawn, or modified. It was not feasible to have a military defaulter in charge of 50 or 60 men who

were either of military age or who had sons of military age, some of them serving in the forces. He would not expect his employees to put up with that position. Logan had been treated liberally by the company, and witness himself had found him his present position as brewer at another brewery. Logan had not been discharged because he was a military defaulter, but because of the effect of his remaining on the rest of the staff. The Magistrate reserved his judgment.