MINER SUES UNION.

New Zealand Herald, Volume LXVIII, Issue 20988, 26 September 1931, Page 12

MINER SUES UNION.

ALLEGED VICTIMISATION. NON-PAYMENT OF LEVY. • PLAINTIFF AWARDED £75. {nr TELEGRAPH.OWN CORRESPONDENT.] y HUNTLY, Friday. A claim for. damages amounting to £IOO for loss of employment through alleged victimisation was brought by Joseph McGlynn, now of Rauriinu, against the Waikokowai branch of the Northern Coal Mine Workers' Industrial Union of Work- / ers, in the Iluntly Magistrate's Court today, before Mr. F. 11. Levien, S.M. Mr. T. J. Fleming, of Auckland, appeared for the plaintiff, and Mr. W. J. King, of Hamilton, for the defendants. In his statement of claim, plaintiff said he was a member of the defendant union until August 29, 1929, and was in the employ of Renown Collieries, Limited. On that date, he alleged that the defendant union wrongfully compelled the manager of the company to dismiss him and to refrain from employing him until September 20, when he was reinstated. Plaintiff further alleged that 011 August 29, 1929, members of the union conspired and resolved by resolution at a stop-work meeting to refuse to work with plaintiff and to deprive him from getting work as a coalminer unless and until lie should pay an alleged illegal levy imposed by the union in aid of Australian miners then on strike. Plaintiff stated that in consequence of these wrongful acts, he was dismissed from his employment on October 3, 1929, and had been put to much trouble ,and expense in trying to obtain other employment, and he did not succeed in obtain-, ing employment until Januaiy 16, 1930. Counsel for the union admittea liability, but stated he would restrict the 1 case to the question of assessment of damages. Plaintiff stated his average weekly earnings upon which the levy was made were £4 1.9s lOd. He admitted paying some of the levy. Mr. King , said plaintiff sometimes was away from work for three or four days in a month and owing to uncertainty in coming to the .mine he was given "other work. As a result it was alleged plaintiff became disgruntled. Counsel maintained that plaintiff, having paid his levy, could have resumed work immediately ■without fear of animosity from his fellow workmen. / Mr. King said the matter of damages was affected owing to McGlynn basing his claim on his former employment as shunter at ' ! £s a week, whereas at the time he left he was earning on a average £3 as a screen hand. v - The magistrate held that the levy was an illegal one, but thought that £75 ■would reimburse plaintiff for any damage suffered. Judgment was given for plaintiff for that amount, with £l4 costs.