LADY EDWARDS WINS

NZ Truth, Issue 1229, 20 June 1929, Page 7

LADY EDWARDS WINS

Claim By English Nurse Not Sustained In Court

RESERVED JUDGMENT DECISION

(From "N.Z. Truth's" Special Wellington Representative). In August of last year, Nurse Ethel Sophia Nicholas was engaged m England to act as Nurse to Lady M. A. Edwards, widow of the late Sir W. B. Edwards.

The parties arrived m the Dominion m November last, and up to that time all appeared to be well between them.

TWO or three weeks after their arrival m New Zealand, Nurse Nicholas became dissatisfied with the amount of wages she was receiving as she found ' living- ' considerably higher j m this country than , she expected. She told her employer that her husband was coming to New Zealand arid' she wanted to be free to join him when he arrived. She desired tp earn more money m the meantime to start them. The original arrangement be-, tween Nurse Nicholas , and Lady , Edwards was a twelve months' ;. engagement at £1/5/-, with her. return, fare to England at the expiration of the- term. As the result, of Mrs. Nicholas's dissatisfaction a new arrangement was entered into and she w-as employed on a weekly basis at £2/2/- per week; ■• Later the parties Quarrelled ahd Mirs. Nicholas was requested to leave Lady Edwards's house. ' The nurse then proceeded against Lady Edwards for £147/14/- damages for wrongful dismissal and £1/4/balance of wages said to be due. '-.-■■'

' The case was heard before Mr. E. Page, S.M., last month and the magistrate reserved his decision. ... Judgment has now been given. . and m delivering it Mr. Page went.. into the facts of the case very •'.fully. v . ..''..' ./:;'. :: ■-,/ ■ In the course of his judgment, Mr. Page -said that m one. sense it might be said . 'that the' new arrangem ent come to by the parties was a variatiori of the earlier contract for one 1 year for the employment of the plaintiff continued throughout ;.both arrangements. But the Substantial effect of the change to '£2/2/- per 'week, was to bring to an end .the existing cdn tract ■for'-' a year's^ service and to substitute therefor a! new contract for a different period, and on different conditions. The agreement' that the. service would be terminable by a week's notice .was come to at the desire of the plaintiff and not of;, the defendant. .' Judgment wais7 entered for the defendant with.;-£ 7/7/-. solicitor's fee and £2/2/- witnesses' expenses. ] At theph'ekring Mr. A. B. Sievwright appeared for Nurse Nicholas arid Mr.. W. E.. Leicester for Lady Edwards. v '