DISPUTE OVER DWELLING

Taranaki Daily News, 23 August 1930, Page 6

DISPUTE OVER DWELLING

EMPLOYEE’S REFUSAL TO QUIT.

DAMAGES AWARDED TO FARMER.

His failure to leave a dwelling when aiven notice by his employer resulted in William Busby unsuccessfully defending a claim for £l2 damages by the employer, Alexander Looney, fanner, Meremere, in the Magistrates Couit at Hawera yesterday before Mr. J. fl. Salmon, S-M. Judgment was given for plaintiff for £6, costs amounting to £2 16a being allowed him. Plaintiff was represented by Mr. D. G. Smart, while Mr. P. O’Dea appeared for Busby. He had engaged defendant as a farm labourer at £3 a week on July 3, 1930. said Looney in evidence, refusing to engage him us a sharemilker Decause he wanted someone whom he could dismiss with a week’s notice if he proved unsatisfactory. On -July '9 he had given Busby a week’s notice, which defendant had refused to accept. A few days later, in company with a neighbour, witness had again given defendant notice to quit in writing. Defendant had refused to leave the house until witness found him another job. It was not untij, proceedings were taken that defendant left the house. As a result of the inconvenience fie had been put to in looking after nis own farm as well as that at which defendant was staying witness had made the claim for damages. , “Is it not because you wish to avoid paying the man the wages you owe him ?’° asked Mr. O’Dea. Plaintiff: No; I wanted possession of the house. • . . In answer to the magistrate witness said he had given defendant notice on July 19 to leave his employment on July 26. He had paid him up to -July 17 and estimated he owed £4 for wages, Air. O’Dea: Did you not get this man to shift all his fur-niture from Hawera to Meremere on the understanding that there was a season’s work for him ? Witness: No, he was employed by the week.

Air. O’Dea: You promised to pay him fortnightly and at the end of two weeks you sacked him. Y T ou owe him two weeks’, wages (£6) now.—l engaged him at £3 a week and he asked me to pay him fortnightly. I owe him £4' for wages. “Yes, and you are claiming £l2 damages and the man has not received his wages yet.” said Air. O'Dea. Air. O’Dea stated that defendant started work on a Wednesday and had been given notice on a Saturday. He contended that the week’s notice should have taken effect from the following Wednesday. Defendant should have entered a counter-claim as he had understood that he had been engaged for a season. Plaintiff had said that defendant was a good worker, but he lad objected to three dogs owned by defendant which plaintiff considered would live on his milk. He had been given the work after three or four visits to plaintiff’s farm, said Busbv. The terms were that Looney should pay him £3 a week and £3 10s when the cows came in and when it was necessary for witness’ wife to resist him. Looney, ip giving him notice, had at first refused/to give any.. reason but had said later that it was because witness’ dogs would be living on plaintiff’s milk. As he was paid fortnightly he claimed he was entitled to a fortnight’s notice; Since he had received notice to quit the dwelling r.e had been looking for another house to go to. He was still unemployed. When a man was in legal possession of a dwelling as part of his employment. and his employment was terminatee* his possession of the dwelling also terminated. said the magistrate. It appeared that Busby had had a mo-al if not a legal right to remain, but the court was not ■ concerned with that. There was no doubt that Looney had been put to some inconvenience.

GENERAL ITEMS.

The last day of the winter term was an unlucky one for Jean Veitch, the little daughter of Mr. and Mrs. S. R. ■Veitch, Hawera, for she sustained painful injuries to the hand yesterday. She was standing by a door in the Hawera main school when it was suddenly closed on two of. her fingers, which were badly lacerated. After medical attention the child was taken home.

The death occurred suddenly yesterday of Mrs. Mary Agnes. McKenzie, Eltham, widow of the late Mr. David Morrison McKenzie, formerly of Gore. The deceased lady was a sister of Sirs. J. W. Velvin, of Hawera. At the Union Street salei..oms, Hawera, to-day, Messrs. R. P. Morrissey and Co. will sell produce, poultry and household furniture.

Mr. J. C. Smith advertises details of the sale to be held in the Central Mart, Union Street, Hawera, to-day.

At Manaia on Tuesday the Manaia branch of the Women’s Division of the Farmers’ Union will liold its annual shop day. Gifts of any kind will he most acceptable, and may be left at Mr. Cosgrove’s shop. It is hoped that ther will he a good response for such a worthy cause as the work of the .division.

On the application of the police, a prohibition order was made at the Manama Court yesterday against a native, Harry Hawe, otherwise known as Ruru Sam.

Programmes for the Hawera Competitions, to be held at the Opera House from Monday to Friday, are available, and can be obtained from Hawera music shops and Red Book Store, Hawera.