LOSS OF WAGES.

Northern Advocate, 16 August 1919, Page 2

LOSS OF WAGES.

IMPORTANT TEST CASE. ,

IS THE MINISTER LIABLE?

WELLINGTON, Aug. 15

A mild stir was caused at the Magistrate's Court when Mr*W. Blair applied to the Bench to have the Minister for Internal Affairs, the Hon. G. W. Russell, joined as a defendant n two civil cases in which two employees of the Marble -Bar Company have given notice to sue for wages lost by them during four weeks when the Marble Bar was closed on account of the epidemic* The plaintiffs are Bridget Croawell and, Cathfrme Stewart, and the amounts* of he claims are £3 Is and £6 17s 6d~ no-t, as counsel remarked, large amounts. But as tests the cases would be of very, considerable importance.

Bernard Doherty, secretary of the company, had set out in affidavit in connection with the application that in November last the premises were closed for a period of about four weeks by order of the Minister for Internal Affairs, ; and as a result the employees were thrown out of work. The employees were now bringing action to obtain wages for that period but, stated the affidavit, the losses of wages were not caused b"y the defendant company, which was willing and anxious to keep the premises open, but by the action of the Minister. The company fraid been advised by its solicitors .that the Minister had no authority to; order the premises to be closed, and his action was unlawful. Consequently he, and not the defendant, was.the person, if any, responsible, for plaintiffs' loss of wages.

Mr Blair suggested that the hearing of the original claims should be deferred to enable the Minister to be joined as a defendant with the company. *

Mr J. Scott, for the defendants, offered no objection.

' Mr Blair said that no notice had been served on the Minister, as it had not been necessary up to, fhe present stage.

The application was granted. Notice is to be served on Mr Russell. A further hearing was fixed for August 28.