TRAINER'S CLAIM

New Zealand Herald, Volume LXXIV, Issue 22822, 1 September 1937, Page 18

TRAINER'S CLAIM

HOKSE OWNEIi SUED DISPUTE OVER DISMISSAL SETTLEMENT REACHED TERMS NOT ANNOUNCED [FROM OCR OWN' MELBOURNE, August 20 Events which ended the association between George Jones, horse trainer, of Caulfield, formerly of New Zealand, and W. R. Keniball, a New Zealand owner, for whom J ones linil trained privately, were discussed in the County Court this week. Jones alleged wrongful dismissal. Ho claimed damages of £450 on that account and £l7 10s which was alleged to be due for tho stake won by Bellevue at Moonee Valley on March 15. Tho plaintiff was still in the witness box when a settlement of the case, on undisclosed terms, was announced. In his statement of claim Jones set out that Kcmball engaged him at Eeilding, New Zealand, on December 6, 1930, as private trainer at a remuneration of £312 a year, with 5 per cent commission from all first prize stakes won by the horses, together with free quarters. Ho trained for Kcmball in New Zealand until 1932, and from that timo in Melbourne until May 20, 1937, when Kemball terminated the agreement without any, or alternatively without sufficient, notice. In 1935 Kemball reduced tho retainer to £260 a year. " I'ntemational Repute "

Opening the case for tlio plaintiff, I Mr. Eugene Gorman, K.C., said Jones was a trainer of almost international repute. In New Zealand he trained for Messrs. .Stead, Lowry and Gainsford some most distinguished horses. In 1930, because his patron had ceased racing for a time, Jones was brought into contact with Kemball. Before that | Jones had been receiving £OOO a year ! from Mr. Stead, with 10 per cent of all stake money and free quarters' for | himself and his family. He had also been paid £'loo a year both by Messrs. Lowry and Gainsford, with 10 per cent from stakes. In January, 1932, Kemball sent Jones to Australia permanently with five horses and five boys. The team expanded to 14 horses, which raced in Victoria, New South Wales, South Australia and Queensland. The horses raced with a good deal of success while they were lining trained by Jones. They won 53 races, representing £15,000 in first prize money. New Locks on Stables Mr. Gorman said that Jones regarded Kemball as "too hard." In 1935 "Jones' retainer was cut to £260 and the stable boys' wages were reduced from 25s to £1 a week. However, Jones had accepted the arrangement when Kemball had explained that a reduction in expenses was necessary. After Jones bad returned with Prince Quex from the Easter meeting at Sydney this year, said Mr. Gorman, lie found that new locks had been put on the stable doors, and that there was a new atmosphere about the place. Then a man named Hilton, a very old friend of Kemball, appeared on the scene. It was clear that Kemball wanted to find a position for Hilton and that Jones had to go. On May 19, added counsel, Kemball said to Jones, "I don't want you to do any more work for me. I will pay you off on Friday. I want the house this week. And be careful what you say or I will make things nasty for you." "That," said Mr. Gorman, "was a racehorse owner's farewell to his trainer after six and a-lialf years' employment." Contract Denied Continuing, Mr. Gorman claimed that Jones' engagement would have expired in December and that he was entitled to reasonable notice. Kemball had set himself out to establish numerous offences which were alleged to have been committed by Jones. Stating the formal defence. Mr. .J. H. Moore said that the defendant denied a contract of employment. He also denied wrongful dismissal, on the ground that dismissal was justified by reason of plaintiff's over-indulgence in intoxicating liquor; his negligence in not performing his duties as a trainer; and his dishonesty in that (1) he retained tea money paid to him for the stable-boys at the races; (2) he sold bags and manure, the property of the defendant, without the authority of the defendant; and (3) between February, 1932, and October, 1933, he improperly retained moneys, the property of the defendant, amounting to £324. Jones gave evidence oil the lines of Mr. Gorman's address, and denied the allegations of dishonesty, drunkenness and neglect of duty. While Jones was being crossexamined by Mr. Moore, Mr. Gorman announced that the case had been amicably settled. The terms of the settlement were not announced. The ease was tlien struck out.