MAGISTRATE’S COURT

Manawatu Standard, Volume LVI, Issue 201, 15 July 1936, Page 5

MAGISTRATE’S COURT

CLAIM FOR WAGES. Claiming £23 7s as the balance ol wages allegedly due, including ill 3s Id in lieu of a week’s annual holiday. Arthur. Niel, butcher, took action in the Magistrate’s Court at Palmerston North, yesterday, against Allan George Farlaini, butcher. Air T. F. Rolling appeared for plaintiff and Air A. Al. Ongley for defendant. Air Rolling stated that the three questions at issue were what wages plaintiff actually recoiled, whether plaintiff worked overtime, and whether he was entitled to a week’s holiday pay. Evidence was given by plaintiff that ho was engaged at a weekly wage of £2 10s on July 24, 1933, and this was raised to £3 os on July 9, 1934, since which date lie had been receiving £1 3s Id weekly, and refunding 18s Id. He had started work at about 0.30 a.m. daily, worked overtime, and had no holidays. He had signed the wages book, but had not claimed overtime until he took the proceedings. He had been paid in full for six days when ho was off at Christmas, having spent five days of that period in hospital owing to a cycling accident. He had offered to take £ls in settlement of the present case. Evidence was given by E. T. Burke that he worked for defendant until about last January. Witness started work at 6.45 a.in. and plaintiff was always there before him. L. Attwood, who was formerly employed by defendant, also gave evidence concerning working hours. Defendant gave evidence that plaintiff commenced at £3 weekly, and was later paid £1 Cs, less taxation. By arrangement lie handed back Gs 8d a week during the last few months of his employment. Plaintiff never made any claim for overtime. Ho started at about 6.45 a.m. on Saturdays. The amount handed hac'/ weekly might have been 8s Id, the difference between £3 15s and £4 3s Id. Plaintiff never started work much before 7 a.m.

AY. E. AYootton, first shopman in the employ of defendant, gave evidence that plaintiff started work at 6.45 or 6.50 a.m., and was always the first to finish, leaving sometimes at 2.50 p.m. or 5 p.m. on Fridays. lie never worked overtime.

The Magistrate gave judgment, for plaintiff lor £l4 4s 4d, with £5 5s costs, the amount being fixed on the basis of 18s Id for 15 weeks and five days. He stated that he could not allow overtime. There was no record of it, and claims brought some months after employment had terminated must necessarily be viewed with suspicion. Furthermore, plaintiff had not satisfied him that he had actually worked overtime. He seemed to have had a holiday at'Christmas, as it was not suggested that he was injured in the course of his employment.