Foxton

Manawatu Times, Volume LV, Issue 7168, 15 March 1930, Page 2

Foxton

SHARE MILKER SUES EMPLOYER. From Our Own Correspondent. Before Mr. J. L. Stout, S.M., in the local Magistrate’s Court on Thursday, Frederick Prentice, of Foxton, and late of Konini, proceeded against Frederick Spencer Easton, of Foxton, in a claim for tho sum of £134 Is Id. Plaintiff was represented by Mr. H. Cooper, whilst Mr. M. B. Bergin appeared for defendant. When tho case was first called, the Magistrate agreed to adjourn the hearing for half an hour. No agreement was reached however, and after the Court resumed, lengthy evidence was given by plaintiff who claimed that he had been engaged by defendant as a share milker on one of his dairy farms at Moutoa, on the understanding that he was to receive one-third of the milk returns, together with half the proceeds from the calves and pigs. There had been no written agreement, for tho simple reason that defendant refused to have a written agreement. Certain deductions had been made from the payments to plaintiff and these were objected to. One of the amounts involved represented a bonus from the dairy company on the milk returns. Defendant maintained that this was being held as an offset against an account of Messrs J. B. McEwen and Co., for ropairs to tho milking machinery used by plaintiff and which he alleged had suffered damage through plaintiff’s negligence. The Magistrate however, raled that defendant was not entitled to withhold payment of the bonus on that account. If he desired to secure redress for the damage to the machinery, he must take separato action. In regard to the other deductions made, it was stated by Mr. Bergin for defendant, that a statement to date had been issued each month to plaintiff, who signod it as a receipt. Ho had never previously objected to the deductions made, yet now, eight months after ho had loft defendant’s employ, he was taking action.

Mr. Cooper for plaintiff, contended that his client had been forced to sign the receipts. It was a case of sign or get out and he maintained that the receipts had been given under duress. The Magistrate ruled that this was not so. If plaintiff in refusing to sign was dismissed, he still had redress through tho Court. It was not a case of duress.

After a good deal of legal argument, the Magistrate said ho considered the deductions mado for drainage, repairs to harness, rush grubbing and alleged overcharges re calves, pigs, otc., were not unreasonable and theso ho deleted from the claim, finally entering judgment for his proportion of tho bonus, viz. £l9 15s Bd, with costs £4 7s. Personal. Mr. and Mrs. W. D. Bauckham, of Masterton, and lato of Foxton, arc spending a holiday locally. Miss E. Owen is at present spending a holiday with her parents, Mr. and Mrs. R. Owen, of Main street. Miss Owen has just completed her period, of training as a momber of tho nursing staff of tho Wellington public hospital. Miss M. Barron, of Robinson street, having been selected to represent the Wellington province at the New Zealand championship meeting at Wanganui on Saturday, left Foxton on Thursday to fulfil her engagements. The friends of Mr. F. J. Carmont will read with pleasure that he has returned to Foxton after his serious illness and is now able to get about again. Mr. Wm. Trueman and Miss A. A. Brewer have been appointed by the Wanganui Education Board as teachers in book-keeping and shorthand respectively at the local district high school.