DENTIST CHARGED

New Zealand Herald, Volume LXXIV, Issue 22777, 10 July 1937, Page 22

DENTIST CHARGED

MECHANIC'S DISMISSAL BREACH OF LAW ALLEGED COURT RESERVES DECISION [BY TELEGRAPH—OWN CORRESPONDENT ] MOKKINSVILLE, Friday A charge under the Finance Act, 1936, alleging wrongful dismissal of a servant, was heard by Mr. S. L. Paterson, S.M., in the Morrinsville Court yesterday, at the instance of the inspector of factories of the Department of Labour, against John S. Caulfiekl. dentist, of Morrinsville. Tho section quoted makes it an offence on the part of an employer to dismiss an employee after July 1. 1936, by reason of the fact that the worker is entitled to an increase in wages, or a reduction of working hours. The onus is on the employer to prove that by dismissing the worker he has not committed an offence. The inspector said a man named Gamble was employed by Caulfield as a dental mechanic prior to July 1, 1936, and was dismissed on November 11, 1936. In answer to an inquiry from the Labour Department Gamble was told he was entitled to receive the 1931 rates of pay. The inspector said that defendant had sent a cheque covering arrears of wages, which, the inspector maintained, was an admission that Gamble was entitled to the 1931 rates. Under cross-examination the inspector agreed that in 1931 Gamble was not employed by Caulfield, but by F. A. Hanan. Caulfield himself was also then an employee of Hanan in a business which Caulfield later took over. Mr. E. McGregor, who appeared for defendant, submitted there was 110 case to answer. In 1931 Hanan was in the business. The fact that Hanan was paying Gamble £6 a week did not mean that Caulfield could pay that wage in 1936. pjvidenco was given by defendant that wages had not influenced him in dismissing Gamble. . • The magistrate said a dentist's practice was not like anything else —it depended a great deal on the personality and "chairside manner" of the dentist. » The inspector admitted _ that the •position was extremely difficult. "It is one of those cases I would like to see taken to the Arbitration Court. I shall have to take time to consider it." said the magistrate, in reserving his decision