CUSTODIAN’S CLAIM

New Zealand Times, Volume XLVII, Issue 10850, 16 March 1921, Page 5

CUSTODIAN’S CLAIM

AN EMPLOYER’S LIABILITY. ANNUAL LEAVE AND NOTICE OF DISMISSAL. A question concerning the liability of an employer in respect to the annual leave and termination of employment of the employees arose in a rather unusual action taken by Louis Rea, custodian, against the proprietors of the Paramount and Artcraft Theatres, before Mr W. G. Riddell, S.M., yesterday, in a claim for the sum of £23 10s, as damages sustained by an alleged wrongful dismissal and for salary due. Plaintiff stated that, on September 2nd, 1919, he was in the employ-of the defendant as a custodian, where he had been employed for eighteen months previously—first at a weekly salary of £5 10s, and later at £9. He held that it was a term in his contract of service with the defendant that he should have one week’s holiday annually on full pay, and that on September 2nd the defendant had wrongfully dismissed him. Further, that defendant denied liability to pay in respect of the holiday. Plaintiff’s claim was made up as one week’s salary accrued, due at the time of dismissal (£9), one week’s salary in lieu of notice (£9), and one week’s holiday due at the time (£5 10s). After hearing the evidence, His Worship gave judgment for the plaintiff for the sum of £l3 2s 6d, and costs amounting to £4 16s. Mr P. J. O’Regan appeared for the plaintiff, and Mr H. F. O’Leary for the defendants.