A UNION MATTER

NZ Truth, Issue 770, 7 August 1920, Page 6

A UNION MATTER

Seaman Awarded £150 for Wrongful Expakios Full Court Finds for McGregor. The Full Court delivered judgment on Wednesday m Inn case m which .Tames McGregor, seaman, sued William Thomas Young, general secretary of the Federated Seamen's Union. The original case came on m February last, when McGregor sought £1000 damages, on the ground that on or about November 2G, 1919, he had been wrongfully suspended by the union, and had thus been prevented from following, his occupation. The little bit of unpleasantness which led to M'Gregor's suspension arose originally over an argument aboard that ocean greyhound, the s.s. John, when the assistant-secretary of the union and "Mac'" had a few warm words over the latter's union subscription. Later McGregor went round to the union office to pay th,e money and there made the remark that the union secretary should go about his business "IN A MORE SOBER-LIKE MANNER.'' An apology was later demanded from "Mac" by the outraged union executive, and when "Mac" refused to tender any such thing, he was first of all suspended and then bumped out of the union. The jury found for "Mac" for £150 damages, but certain legal points were reserved for the pundits of the Full Court On .Wednesday last, the Full Court agreed unanimously that plaintiff was entitled to succeed.^ It was admitted that McGregor liad used bad language towards assistant-secretary Howr-D, "rriorQ picturesque, than chaste," but this could hardly be called interference | with the assistant-secretary. There was also no power under the unio7i's rules to order plaintiff to apologise, neither was there anything m the union's rules which made it an offence for a member to charge one of the executives with being under the influence of liquor. Plaintiff had therefore transgressed no rule of the union and yet had been debarred from work. McGregor had been expelled from the union because he flouted the union's order for suspension and joined the s.a. Baden Powell. It was lawful for him to so sign on because he was still a member of the union — if he -was not a member, then the union had no eon^ trol over him. Moreover, plaintiff had no notice of the meeting which considered this, fresh charge, and it had •always been held by the courts to be unwarranted for a society or club to expel a. member without giving him .an opportunity to meet the charges. * Plaintiff was there entitled to recover ,the £150 damages awarded, plus-.costs, according to scale for the two hearings. Mr. W. Perry appeared for plaintiff, and Mr. H. F. O'Leary for defendant. » * —T^ 1 — : _—