CLAIM FOR WAGES.

New Zealand Herald, Volume LXI, Issue 18885, 6 December 1924, Page 14

CLAIM FOR WAGES.

ACTION BY STORE MANAGER.

igjpl A ROTORUA DISPUTE.

• A written judgment was delivered yesterday by Mr. Justice Stringer in the Supreme Court in an action brought by Allan.' Barr Carnagkan (Mr. Hampson), against the National Trading Company of New Zealand, Ltd. (Messrs McDiarmid and Ziman), in respect of a claim for such balance of wages as should be found to be due upon the taking of accounts. Plaintiff had been in the service of defendants from April, 1918, until May, 1923. as manager of defendants' business, as storekeeper at Rotorua. Originally, plaintiff also claimed' damages for alleged wrongful dismissal, but that claim he subsequently abandoned. •

Plaintiff was employed at a salary of .£3 10s a week, and a commission of onehalf of the net profits, after .taking stock. A clause in the agreement set forth that if, at the taking of stock and accounts, any loss should be discovered, then that Joss should he made good by the employee out of the fund deposited by him from title to timy and bearing interest at 5 per cent. It was a further stipulation that the employee should deposit •with the employe:: 25 per cent, of- the total not profits, in other words, onehalf of the employer's percentage, as a guarantee against loss until such sum should equal £500. When employment ceased that deposit should be paid within six months after completion of the figures of final stocktaking. His Honor, after dealing at length with the agreement of employment, and quoting various authorities, said he thought plaintiff was entitled to an order that accounts between himself and defendants be taken before tho registrar, but with the direction that on the taking of such accounts the registrar should charge and allow as against wages found to be payable to the plaintiff under the agreement nil 'losses which he should find to have been made in the business during the plaintiff's employment. The action would bo reserved for further consideration, all questions as to costs or otherwise being also reserved. ;