BUTCHER CLAIMS FOR WAGES

Taranaki Daily News, 12 August 1930, Page 10

BUTCHER CLAIMS FOR WAGES

QUESTION OF AWARD RATES. MAGISTRATE RESERVES DECISION Alleging that he had' not been paid tlie amount of wages fixed in the award Tates, Clement J. Smith sued George Lithgow, butcher, of Midhirst, for £45 12s. at the Stratford Court yesterday. Mr. R. W. Tate, S.M., reserved his decision. Smith, now a butcher at Stratford, said he had been in the trade for nine years and was running a shop in Stratford on his .own account. When he took over Lithgow’s van he should have been paid the award rate of £4 165., but in view of Lithgow’s financial position at that time Smith agreed to accept £3 (ss. for seven weeks until Lithgow took a shop in Midhirst, where he anticipated ho would be in a position to pay the full wage. When the business was transferred to Midhirst Smith worked as first shopman, and the award rate for that position should have been' £5 1/s. 6d. Smith still received only £3 ss. per week for 11 weeks until April 4, a Friday, when he asked for the money owing to him. Lithgow said Smith had better render him an account of what was owing, but on Monday Lithgow arrived at the shop with another assistant and dismissed Smith. The amount of £3 ss. a week was the highest wage Lithgow had ever paid him. Before December 2, 1929, when he reached the age of 21, said Smith to counsel, he had signed a wages book for £4 165., though he received only ’ £3 ss. Counsel: The wages book was at the shop on'the Friday, but when you had gone on Wednesday after collecting your knives and apron, that book had gone.—• It was there on the Friday. Counsel: It seems peculiar that that book should have disappeared just then. Are you sure that you did not sign that book? —I did not.

Cecil Lamplough, butcher, of Stratford, said that Smith worked for him for some years. He considered Smith’s claim to be ridiculous. Lamplough would class him as a general hand at £4 16s. a week. A first shopman was a man with much greater experience than Smith had.

Lithgow said Ire had employed Smith for four years. He said that where Smith signed for £4 16s. the employee had received that amount. On January 24 Lithgow shifted his business to Midhirst, and for the first month Smith retained his position on the van, but as he was not satisfactory in that position Lithgow took over the delivery himself and installed Smith in the shop. After he reached 21 years of age Smith was entitled to £s'ss. a week, but Lithgow continued paying the £4 165., arranging with Smith to pay the balance in six months’ time. Smith was not a first shopman, but only a general hand, the union wage for. the latter being £4 16s. Lithgow discharged Smith because his general conduct had not been satisfactory, and because he rendered an account for £5 17s. 6d., which was incorrect. ■ - ’

Counsel for plaintiff: If Smith took the new wages book, as you allege, why did he not take the old one, which would have been of infinitely more value to him ?—Probably he did not have an opportunity.

CIVIL COURT JUDGMENTS. CLAIMS AT STRATFORD. Judgment by default was given plaintiffs in the following undefended civil cases heard at the Stratford Court yesterday by Mr. R. W. Tate, S.M.:—L. V. Fulcher v. C. Carr, £lO (costs £2 4s. 6d.); R. H. Wells v. G. Newton, £ll 10s. ( £1 55.); Rooney and Co. v. W. B. Browning, £26 Is. 3d) (£4 15s. 6d.); D. E. (/lover v. T. Curran, £4 12s. lid. (£1 15s. 6d.); Taranaki Trade Association, Ltd. v. L. Guillison, £2 16s. 7d. (£1 4s. 6d.); E. Leach v. T. Potroz, for possession and £l2 (£2 8s.); Hunter and Lyons v. A. L. Hill, £2 10s. (£1 3s. 6d.); Mr. and Mrs. T. O’Shannassey v. T. Curran, £7 13s. 6d. ( £1 14s. Gd.)j R. H. White and Co. v. B. Collins, £2 ss. (£1 3s. 6d.,1; E. H. Eason v. W. Gower, £2 15s, 3d.’ (£1 3s. 6d.). Under judgment summons proceedings W. Ogg was ordered to pay the Stratford Hospital Board £2 9s. 6d. forthwith, in default imprisonment-for three days. For riding a motor-cycle without a light, H. C. Crozier was fined 10s. (costs 10s.).

Failure to keep his cattle off the railway line cost W. Edwards £1 (costs 10s.), for each of two offences.

• For driving without a license L. J. Thomas was fined 10s. (10s.). ELTIIAM THEATRE PROGRAMME. “Faut Company,” being screened at the Eltham Theatre to-night is real amusement of the highest order, with comedy of the best kind. Jack Oakie is the main reason for the laughter. The plot is based upon a story of baseba/11 players. The hero, played by Oakie, is a boastful but lovable “slangster” who wins his way to the foreground, helping his team to win the pennant. He falls into the fast company of .smart city folk, including a show girl and some gamblers, and he almost ruins his own and his team’s chances for victory on the day of the final game of the world's series when something happens to change the whole aspect of the plot. Evelyn Brent is the girl who spurns him but later warms to his naive charm. There is an abundant overflow of clever acting. See it.