TAILORS IN COURT.

Mataura Ensign, Issue 922, 23 July 1901, Page 2

TAILORS IN COURT.

INTERESTING TO UNIONISTS. At the Gore Court yesterday, before Mr S. E. McCarthy, S.M., George Hall (Mr Indcr sued J. W. Kelly (Mr Neavo) to recover £2 15s wages in lieu of a week's notice. Mr Inder said the case practically amounted to an action for wrongful dismissal. George Hall, tailor, deposed that he had known defendant for 15 or 1G years. Had worked for nine years with him in the same shop. Commenced work for him in Gore at the end of November, I'JOO. Had worked for him at £2 15s a week. Was last paid on Saturday, oth July. Up till tho Friday night defendant had made no complaint whatever. On Saturday morning when witneii entered the workroom defendant accused witnoss of inciting Miss Burnby and her father to a lawsuit against him, which he denied. The matter arose out of the manner in which defendant used his female employees in connection with the holidays for the Duke's visit. The girls obliged defendant on several occasions by working on holidays. He worked them for 20 hours before the Duke's visit without a permit from the Inspector. When they asked for four and a-half hours' leave to enable them to go by the midnight train to Dunedin to see the Duke defendant refused leave, but the girls went in spite of that. When they came back defendant wrote them a note telling them they could take a week's holiday. It was not correct that witness had incited Miss and Mr Burnby to litigation. Had never spoken to Mr Burnby until after he was discharged. Kelly paid witness £2 9s when he told him to go, deducting 0s for some cloth he had bought. The £2 15s paid witness up to the Saturday night, and he got nothing for a week's notice. Had been tailoring for 18 yeais, and defendant never expressed any dissatisfaction with his work. Cross-examined: Did not work on the Saturday, but was ptid for it. After the girls went away witness spoke to bis two shop mates (Graham and Adams) and Baid : " If I had my way the three men would rise from the board." Adams said if he struck Hall would have to keep him as he had nothing; and Graham said if he was a single man he would leave the board. This was in consequence of the treatment of tho girls. As a unionist witness considered it bis duty to report the matter to the union. Thought it would be his duty to go out on strike if tho others bad gone. Denied doing more than suggesting a strike. Denied telling Miss Burnby that he had done his best to get the men out on strike, and that if they had come out Kelly would have been put in a bad hole. Had made no complaints to Mr Dove. Was not the cause of Mr Dove removing trade from Kelly. Never said if the girls worked overtime he would bring the police in ; said he would sec that permits were got. Neither before nor after speaking to his shop mates did he speak to Kelly. Re-examined: The cause of the dilliculty was the girls going away to Dunedin and Kelly giving them a week's holiday. .At one time defendant was president of the Union, and one of the rules was that members had to report infringements of the Act.

Alice Burnby, tailoress, in the employ of defendant, deposed that plaintiff never said anything about bringing a law suit against defendant. The girls went away to see the Duke, and took four and ahalf hours' holiday. When they came back defendant sent witness a letter telling her she could take a week's holiday. Cross-examined : After witness came back plaintiff told her that he had asked the men to go out on strike. When the girls worked ovortime, it was always with their own consent—they got extra pay. Chas. Burnby deposed to meeting plaintiff an July G. He had never advised witness to go to law with Kelly. On the nipbt previous witness complained to Kelly that he (Kelly) was not treating the girls fairly. Cross-examined : The grounds of witness 1 complaint were that Kelly had sent the girls away from work for a week because they took four and a-half hours without leave. After hearing Kelly's explanation thought he was doing his duty, but still did not think he treated the girls fairly. J. W. Kelly deposed that work was extremely busy during the week preceding the Duke's visit. The girls asked three weeks' previously for a holiday for the visit. He (defendant) said it appeared impossible, but guaranteed, no matter what the state of trade was, to give them a day and a half on the arrival of the fourth and fifth contingents. Three of the girls took French leave and went to Dunedin, and as they disobeyed his orders he gave tiiem a week olt as a matter of discipline. Plaintiff never approached witness on the matter. On the Friday night it came tp witness' knowledge that plaintiff was interviewing the girls and inciting people outside against him. On tho Saturday told plaintiff to go. Plaintiff denied inciting tbe girls at first, but admitted afterwards. He said he merely expressed an opinion. Witness said he wished to contradict a statement made by plaintiff to the effect that he had never found fault with his work. During one week he spent twelve hours altering his work bqfoie it could go out of the shop, and would have discharged him sooner but for the appeal of Adams. Cross-examined : A man named Smith/' a9ked what all the row was in witness' shop about witness sacking the girls, stating that Burnby and family were highly indignant at witness' action. Smith said it was Hall who incited the employees. Witness then went Burnby to see what the trouble was. Re-examined: It was not in consequence ftf what Smith said that witness dismissed plaintiff. It vyas on account of what witness Found out on'the Saturday morning, Henry Adams, journeyman tailor in the employ of defendant, depo*ed that after Kelly gave tho girls a week's holiday plaintiff said it was a shame and a disgrace that he should treat the girls si. He said he would let it be known outside what Kelly's conduct was. He further said it the two other men would go out on strike he would go also. Hugh Graham, journeyman tailor in the employ of defendant, stated that after the girls went away to Dunedin without leave, Hall said he would tell people outsido about it, and see that justice was done to the girls; also that if witness and Adams would go out on strike he w> uld, and Kelly would be in a fix.

Cross-examined : Witness said he tbo ight the girls should have had their four und a-half hours off. The Magistrate said it was a matter of public notoriety that a great many trades in the colony had been cited before the Arbitration Court. The Court fixed wages and terms under which employers were directed to carry on their business. Tailors came under the operation of the Act, and if there was a breach of the rules fixed by the Arbitration Cqurt, it Wis the duty of employees to to bring it first under the notice of the employer, and if he did not remedy the breach then to bring it under the notice of the Union, which would bring it before the Court in the usual way. Plaintiff in trying to induce his fellow employees to turn from work bad taken an unconstitutional course. Judgment would be for defendant, with £1 9s costs.