EMPLOYEE’S CLAIM

Te Aroha News, Volume XLI, Issue 6468, 12 April 1924, Page 4

EMPLOYEE’S CLAIM

FOR ALLEGED WRONGFUL DISMISSAL AS A SHAREMILKER An action of considerable importance to the farming community was brought before Mr J. H. Salmon, S.M., at the Magistrate’s Court, To Aroha, on Wednesday last by Septimus Gillard, of Waihou, sharemilker (Mr J. C. Carroll) plaintiff, against John R. Colson, of Waihou, farmer (Mr G. Gilchrist) defendant. Plaintiff alleged a contract to milk 35 cows for a period expiring on 31st May, 1924, and claimed in respect of ' the alleged wrongful dismissal, on 18th February, 1924, the sum of £152 15/-, made up as follows:—Wages from 21st January, 1924. to 31st May, 1924, at agreed rate of £4/10/- per week, £B4/15/-; loss of use of dwelling, £ls; loss of milk allowance, £3 10/-; general damages, £SO. Defendant claimed that plaintiff was employed under a weekly hiring to milk 35 cows and do general farm work, and he had paid into Court £22/10/-, being the amount previously tendered as wages to 25th February, 1924, the date of expiration of one week’s notice.

After hearing considerable evidence for plaintiff and defendant, Mr Salmon held, firstly, that the hiring included farm work, and secondly, that p amtiff (Gillard) be non-suited for the balance of his claim. Costs'totalling £lO/10/9 were allowed to the defendant.