EMPLOYMENT OF A BUTCHER

Taranaki Daily News, 11 October 1929, Page 12

EMPLOYMENT OF A BUTCHER

BREACHES OF AWARD ALLEGED. Judgment was reserved by Mr. R. W. Tate, S.M., yesterday in cases brought by the Labour Department against C. Henshaw and G. E. Clout, butchers. It was alleged that Robert Cobb had not been paid portions of holiday allowances required by the award. The periods of service concerned extended from April 24, 1928, to April 17, 1929, in the employment of Henshaw and from April 18, 1929, to July 24, 1929, in the employment of Clout. Clout was further charged with failing to pay Cobb for a minimum of six hours for casual work on July 26. Clout had bought the business from Henshaw, who became manager, said Inspector Berryman. Cobb continued to be employed as first shopman at £5 17s 6d a week and free meat. He received a week’s notice, but on the day he was leaving was informed by Henshaw that he would be required on the following Friday and Saturday for casual work. On arriving at the shop on the Friday morning, July 26, he was told he would not be required. Clout had countermanded Henshaw's instruction.

Mr. A. A. Bennett submitted the magistrate might well dismiss the ease under Section 121 as trivial or excusable. Cobb was employed by Henshaw for 12 months and received the award wage and, in addition, free meat for six persons. From April 30, 1928, Cobb had been away on sick leave for five weeks and three days and from October 27, 1928, for ten days. For these periods he had been paid in full. He was absent three weeks on sick leave when employed by Clout. Cobb had not started work on the Friday at all and counsel contended, therefore, that if he had a complaint the proper course for him to pursue in this connection was to claim a breach of agreement. The meat he had received was estimated by Henshaw to be worth £l .a week.

After evidence had been given Mr. Bennett said that the defendants wanted to avoid a conviction and were, willing to pay the money if directed by the court.