“A SLEEPING SALESMAN”

Southland Times, Issue 20496, 26 May 1928, Page 8

“A SLEEPING SALESMAN”

MOTOR AGENTS COUNTER-CLAIM. CASE SETTLED OUT OF COURT. “I was a sleeping salesman,” said Robert Dixon in a case heard in the Magistrate's Court yesterday, before Mr G. Cruickshank, S.M., when Wilson, Fraser and Tapper proceeded against him on a judgement summons for £2 14/- in payment for goods supplied. Dixon put in a counter-claim for one week’s wages in lieu of notice upon the termination of his services w’ith the plaintiff firm, for the commission payable to him for the sale of a hay mower, and for an allowance alleged to have been promised him on overalls bought from the firm during his term with them, the total amount of his claim being £4. Plaintiff were represented by Mr. Brian Hewat, while Mr Gordon Reed appeared for Dixon. Alfred Tapper stated that Dixon had been employed by his firm as an outside salesman on salary and commission and had purchased overalls for riding his motor cycle. He had later been put off owing to slackness of work. There had been no question of Dixon getting the overalls at a cheaper rate than the general public. The balance of the account was for a small amount of petrol which had been obtained by Divon after he had left the firm . Robert Dixon said he had been employed by Wilson, Fraser and Tapper as a salesman on the road at a salary of £3 per

week and commission from November, 1926, to June, 1927. Just before he was put off he was recalled from the road, and put in the workshop at what he thought would be the same wage, but he was paid only £2 odd for his first week inside. He did not say anything about it because he thought it would be difficult to get any other work. He met a friend who was a goockmotor mechanic, but who was out of work and desperate to get a job, so he brought him along to the garage, thinking that he might get him a position there. Tapper said to witness: “Well, there is only one job we could give him and that is yours. That wouldn’t suit you would it?” Witness said no. However, witness was told to quit at the end of the week and the other man got his job. Witness thought it was because he had told Tapper that the man who was out of work would not quibble about wages. The overalls which were charged up to witness were quoted at a special discount and had been charged up at full price. In connection with the commission he claimed for the hay rake, he had sold it for the firm and had not re ceived his commission of sixpence in the pound, which was what he had received on all the motor cycles he had sold. The petrol which was charged against him was used by him after he had been put off, though he was told that he was a “sleeping salesman,” and would be placed back on the staff on wages when business was brisker. He was told that he could still sell for the 4 firm and would get his commissions. On this occasion he had travelled by motor cycle with another salesman belonging to the firm, to meet the B.S.A. riders who were coming to Invercargill after their round the world tour. “This is a dirty little case,” observed the Magistrate, “I am inclined to believe Dixon who has told a very straightforward story, but I will adjourn the case till the afternoon, to give the parties concerned, an opportunity to come to some settlement.” The case was accordingly adjourned, and a settlement was reached outside the court, the case being struck off.