A CLOSE CALL

Southland Times, Issue 19823, 20 March 1926, Page 7

A CLOSE CALL

ACTION AGAINST CIRCUS. (Special to the Times.) Auckland, March 19. Ten minutes before the .scheduled time for the departure of the Marama for Sydney an intending passenger was being cross-examined in the Magistrate’s Court in a case in which William Holt (Mr Cahill) claimed from Wirth Bros, circus (Mr Prendergast) £5 6/- wages and £l2 10/boat fare to Sydney. It was stated by Mr Cahill that plaintiff, who joined as a circus hand in Melbourne, had toured New Zealand and was dismissed without notice on Thursday night as the circus was to lea\e for Sydney. George Anderson, circus manager, said the plaintiff was engaged merely as a temporary hand and the management reserved the right to discharge him at any time and in any town. There was no custom by whic.h he was entitled to receive his passage money back to Australia. After hearing further evidence the Magistrate said he considered the notice given was insufficient. No implication entitling plaintiff to his return fare could be worked into the existing regulations. With the star performers there would be a definite contract, but with casual hands paid weekly there was difference. Judgment would accordingly be given for plaintiff for £5 6/- with costs.