MAGISTRATE’S COURT

Evening Star, Issue 20863, 5 August 1931, Page 1

MAGISTRATE’S COURT

TUESDAY. AUGUST 1. (Before Mr J. R. Bartholomew, S.M.)' RESERVED DECISION. Decision was reserved in the case in which Battersby and Co. proceeded against John Frederick Rosenbrock on a claim for £SO, alleging that defendant gave plaintiff an lOU for that sum. Mr 0. Stevens appeared for the plaintiff and Mr R. M. King for the defendant. BREACH OF AWARD. Lucy May Hall, of Onslow House, was charged with failing to pay the award rate of wages to two employees, and with dismissing two employees without notice or payment in lieu of notice. Mr N. F. Johnston, of tho Labour Department, conducted the prosecution, and Mr C. M. Barnett appeared for the defendant, who admitted the charge of failing to pay the award rates. _ . ■ Mr Johnston, in stating the facts of the case, said that the proper wages were paid after proceedings had been! commenced. Mrs Hall, in evidence, sa'd that when there were only a few boarders in the house the two girls agreed to take lowerwages, provided tlie full rate was paid as soon as the house was full. The two hands dismissed were insubordinate, and gave her good cause for instant dismissal. His Worship said the first breach was more or less excusable; there had been a misapprehension of the position on the part of the defendant. It was a technical offence, which could be met by the breach being recorded without penalty. So far as theMismissal cr the two hands was concerned the defendant had not substantiated her allegation that tho girls were insubordinate,' and* therefore they were each entitled to two days’ pay under the award. The matter of penalty wmuld be adjourned for a w T eek, and if tho amount short-paid was then paid it would be taken into account in fixing the penalty