WAGES CLAIM IN LIEU OF NOTICE

Manawatu Times, Volume LIII, Issue 6755, 7 November 1928, Page 5

WAGES CLAIM IN LIEU OF NOTICE

SHAEEM.TJfKER OBTAINS JUDGMENT. Mr. J. L. Stout, S.M., in the Magistrate ’s Court yesterday morning heard a claim by L, Gr. Caldwell, farmer, of Levin, for £27 as money allegedly due to him from a late employer, Mary Sell, farmer, of Kairanga. The statement of claim set out that defendant had agreed to employ plaintiff as a share-milker for the 1928-9 season and that on August 29, when fho contract had been partly performed, defendant had ■ wrongfully terminated the contract by dismissing plaintiff, without notice.

Mr. Ongley appeared for plaintiff and Mr. Laurenson for defendant.

Plaintiff stated that he had been dismissed without notice after he had understood, from what defendant had told him, that he would be employed through the whole milking season. He denied that his work had ever been unsatisfactory, or that Mrs. Sell had ever complained to him about his management of the farm. She had been ‘rather sarcastic’ at times, but witness had hot taken any notice, as he had not wished to raise any unpleasantness. He denied further that the contract between himself and defendant had been terminated by mutual consent.

Mary Sell, the defendant, stated that she had not been satisfied with plaintiff’s work that she had complained about his bad cleaning of the ditches and the condition of the cow-yard. Also he had been impertinent to her husband when he had visited the farm and had used bad language to him. The agreement had been terminated by mutual consent. She had little experience of the usual practice with regard to the notice required for the termination of an engagement with a sharemilker, but considered that a woek would have been sufficient.

The Magistrate held that plaintiff was entitled to one month’s notice and accordingly gave judgment for tho amount claimed, with costs.