MAGISTRATE’S COURT

Otago Daily Times, Issue 22353, 29 August 1934, Page 2

MAGISTRATE’S COURT

, Tuesday, August 28. (Before Mr J. R. Bartholomew, S.M.) UNDEFENDED CASES. Judgment for the plaintiff was given in the following undefended cases:— Ocean Accident and Guarantee Corporation, Ltd., v. T. D. Dowling (Owaka Valley), costs only (17s); Farra Bros., Ltd., v. L, J. Paul (Waitahuna), £2 17s 6d, for goods supplied, with costs (£1 3s 6d); Cooke, Howlison and Co., Ltd., v, Raymond Bramwell £4 12s 4d, work done and goods supplied, with costs (£1 7s Gd); Kiwi Taxis v. N. R. Gubhins, £G Is. taxi hire, with costs (£1 12s Gd), BREACH OF AWARD. The inspector of awards (Mr W. Currie) proceeded against T. B. Winter, tearoom proprietor, claiming £l6 as a penalty for three breaches of the Otago tearooms and restaurant employees’ award. It was claimed that the defendant did employ a female worker in the dining room with less than 18 months’ experience when he had no senior worker in that department; that lie failed to allow her a full day’s holiday and a half-holiday in each week: and that he failed to keep a wages and time book.—Mr Currie said that the girl had been employed as a waitress at his tearooms and had been paid only 12s Gd a week, instead of the award wages of 30s a week. He had failed to keep a wages book, a breach for which a maximum penalty of £6O was provided, and from the girl’s own statement she had worked 7G hours a week instead of the statutory 48 hours.—Mr C. J. L. White, who represented the defendant, said that his client’s business was a very small one, being in fact only a marble bar with a few chairs and tables in it. Winter himself did the cooking, as his wife was in ill-health, and the girl had been employed as a domestic. Sbe desired to gain experience in the dining room, and had asked Winter to allow her to act as a waitress, which he had allowed her to do. It was impossible for the defendant to pay the girl full wages as a waitress, as he was running hie business at a loss, and yet he could not get along without help. The defendant had not kept a wages book as the girl had been employed primarily as a domestic, but he had had to pay the girl’s unemployment levy and wages lax himself. In view of these circumstances, counsel asked that the case might bo treated as leniently as possible.—The magistrate said he would take into account the financial circumstances of the defendant, but the breaches were not to be regarded as anything but serious. On each of the first two charges the do fondant would be fined £l, and a penalty of £2 would bo imposed on the third charge, making a total of £4, with court costs (2s).