DISMISSAL CASE

New Zealand Herald, Volume LXXIII, Issue 22543, 7 October 1936, Page 14

DISMISSAL CASE

GIRL PUT OFF STAFF NEW FINANCE ACT ACTION AGAINST FIRM SATISFACTORY REASON [by TELKGiurn —OWN" correspondent] WHANGAUEI, Tuesday The first case in. "the district under the Finance Act, 19.36, was brought in the Magistrate's Court to-day by Mr. C. P. Collins, inspector of awards, who claimed a £25 penalty from Offers, Limited (in liquidation), boot importers, of Cameron Street. It was alleged that on or about July 31, thej dismissed a shop assistant because she was entitled under the provisions of the Act to an increase in wages. The inspector also claimed a £lO penalty, alleging that, between. July 6 and August 7, the firm employed three junior assistants and only one senior assistant. The cases were heard by Mr. J. G. L. Hewitt, S.M.

Mr. Poss, who appeared for defendant company, entered a plea of guilty on the second claim. He said that the breach was merely technical, covering the period from the time a new assistant was engaged until the other assistant's notice of dismissal expired and her services were discontinued. Employed lor Five Years

The inspector contended that the assistant had been dismissed because she was entitled to increased wages. She had been employed by the firm for five years, and it would seem strange that after that length of time she should be found unsuitable for the work.

Witness said he interviewed the branch manager, who said that the assistant's services were satisfactory, but that he had been instructed by the secretary of the company to dismiss her. Witness received a letter from the company on August 11, stating that the question of the dismissal of the assistant had been under consideration for some months, as she was not the type required for the work, and that a change would have been made, even if no increase in wages had been necessary. "The same day the branch manager called on me and said he had discussed the matter of dismissal with the general manager somo months previously, but the point I want to stress is that he did not recollect the conversation and the reasons ,when I first spoke to him," said witness. Assistant's Complaint

Mr. Ross: Did the assistant herself make a complaint to you? Witness: I prefer not to answer, and claim privilege. It is a rule of the department not to divulge the source of any complaints. The magistrate said he did not think that there could be much harm in this case, and witness then stated that he had received a complaint from the assistant. The magistrate said that the only question he had to decide was whether the assistant was dismissed because filie was entitled to an increase from £1 10s to £2 a week. Under the Act. the onus was on defendant to prove that this was not so. E. H. Boyd, a partner in the firm of Pinker and Boyd, public accountants, of Auckland, said he was the receiver and liquidator of Offers, Limited, which had nine shops in Auckland and various towns. The Magistrate: Hare any other employees of your shops who have been entitled to an increase been dismissed? Witness: No. The Magistrate: That-is something. Girl Thought Unsuitable Witness said that in October. 1935, when the general manager, Mr. E. Marshall, returned from a visit of inspection to the Whangarei branch, he informed witness that he considered the assistant concerned was not suitable, but the matter was deferred until witness came to Whangarei in March, when he confirmed the opinion expressed by Mr. Marshall. Witness returned to Auckland, and the matter was left in abeyance until Mr. Marshall went to Whangarei early in July to change into new premises, and at the same time select another girl, which was done. Tlio Magistratcc The new girl was only a junior? Witness: Yes, commencing at 15s and now receiving 19s. In answer to the magistrate, witness said that the question of wages was not considered in dismissing the girl. Inspector's Claim Dismissed Edgar Marshall, general manager of the company, corroborated the evidenco of the witness, Boyd. He said that in a number of instances girls were being paid in excess of the award rates of PW, and one girl was being paid nearly £2 a week more. "When wo have a good girl we pay well, and it is worth it, too," lie said. The magistrate said that, if the firm had decided to dismiss employees in order to save wages, it would liavo been dono in other branches, and it would jippear that in this case there* was a special reason for dismissal. He examined details of the wages paid at the other branch shops, and tlio increases, and said ho was satisfied that, the dismissal had been genuine, for the reason given by the firm. Consequently the first claim would bo dismissed. The magistrate awarded £1 10s on the second claim, which ho said was not serious, and was caused by the special circumstances.