CLAIM BY WORKER

New Zealand Herald, Volume LXXV, Issue 23143, 15 September 1938, Page 16

CLAIM BY WORKER

DAMAGES FOR DISMISSAL ACTION AGAINST UNION ALLEGED THREAT TO STRIKE [BY TKTEC.UAPJI TOESS ASSOCIATION'] CHRISTCHURCH, Wednesday A claim for damages allegedly suffered as a result of dismissal from hi§ employment by an alleged action of the Canterbury Freezing Works and Allied Trades Industrial Union of Workers was brought before Mr. H. Morgan, S.M.. to-dav by William Bernard Page. In his statement of claim plaintiff said ho was employed by Thomas Borthwick and Sons (Australasia), Limited, in the fellmongery department of its works at Belfast oh December 8, 1937, The defendant union, through its board of control, notified tho management of ihc works on December 10 that, unless the employment of plaintiff was terminated by the manager, the union would instruct its members to strike. It was further stated that on December 21 plaintiff was admitted as a member of tlic union, which, through tho members of its hoard of control, notified the management of tho works that if the' plaintiff was re-engaged the union would instruct its members to strike.

Evidence given b.v plaintiff showed that ho was engaged as a pelt thrower and employed for two and a-half days. He was then told to go by Mr. Farrelly, foreman of the fellmongery department, when it was discovered he was not a member of the union. Witness said that he went to the works on December 21 and saw Mr, Arnst, bianch secretary, who accepted 10s on account of the membership fee and gave witness a coupon. The arrangement was that witness should pay tho balance after he had done om< week's work. Subsequently lie was told to leave and report hack at tho works on January 4. He did so on that date and was told by Mr. Farrellv that the men had not changed their attitude. In cross-examination Page said that tho manager (Mr. Smail) said ho would prefer him to leave, otherwise the men would strike. Counsel for the defendant union asked for a non-suit on grounds of law. He submitted that if there was any threat to strike it was not made for the union by any officer having authority to bind ihc union. The magistrate reserved decision on tho non-suit point.