MAGISTRATE’S COURT

Southland Times, Issue 23537, 17 June 1938, Page 9

MAGISTRATE’S COURT

THURSDAY (Before Mr R. C. Abernethy, S.M.) Kathleen Beadle, aged 19, who was convicted on Tuesday on charges of the theft of a frock valued at £5 5/- and of the theft of 2/6 in cash appeared for sentence. Mr Gordon J. Reed appeared for the accused. On the first charge she was admitted to probation for one year and on the second charge she was discharged. . . Judgment was given for plaintiffs by default in the following civil claims: City of Invercargill v. William Martin for £3O 17/7, costs £1 12/-; same v. Helen N. Burnett (Auckland) for £6 10/8, costs 15/-; D. H. Baird v. Henry Manson for £1 5/10, 10/-. BREACHES OF AWARD Penalties totalling £2 5/- were granted against Ada May Aston, tearoom propietor, of Bluff, on the application of Mr H. M. Hopper who on behalf of the Labour Department claimed penalties for three alleged breaches of the Tea Room and Restaurant Workers’ Award by failing to keep a time and wages book, failing to keep a holiday book and failing to pay the prescribed wages. Mr B. W. Hewat, who appeared for the defendant, admitted the breaches. Mr Hopper stated that a girl had been employed by the defendant from July last year to February this year. She had "been, paid at first at the rate of £1 a week instead of £2 a week and later had received increases to 25/- and 35/- a week. The department assessed the arrears at £37 11/-, but the defendant admitted owing £3l 10/6 which the department was prepared to accept. Mr Hewat said the business was a small one at which the defendant sold home-made cakes and served tea. A waitress and shop assistant other than the girl mentioned had been employed and a correct wages and holiday record had been kept for her. The defendant regarded the other girl as a domestic help. The defendant had called at the office of the Labour Department three times to ascertain her position, but was unable each time to see Mr Hopper. The Magistrate said all persons in business were required to keep books or employ someone to keep them. He imposed penalties of £1 10/- for failing to keep a wages book, 10/- for failing to keep an overtime book, and 5/- for failing to pay prescribed wages. CLAIM BY FORMER EMPLOYEE Agnes Baxter, domestic (Mr R. T. Meredith) claimed from Mona P. Boberg, restaurant proprietor and fruiterer of Bluff (Mr J. C. Prain), £8 11/- meal allowance and 341 hours’ overtime at 1/10 an hour, £3l 5/3 —a total of £39 16/3. The statement of claim set out that the plaintiff had been employed by the defendant from July 20 to November 30, 1937, during which time the overtime had been worked. The defendant paid into Court £8 11/- for meal allowance. After hearing the evidence the Magistrate gave judgment for £8 11/meal allowance and £2 11/4 overtime, a total of £ll 2/4 with £2 12/- costs.