DAMAGES AWARDED’

Taranaki Daily News, 4 March 1935, Page 13

DAMAGES AWARDED’

WRONGFUL DISMISSAL CASE. ■-. ■ '. '■• /• ■ ■■ .. ■ * '■. ’■ OHURA COUNTY COUNCIL TO PAY. (Special to News.) Taumarunui, March 1. Reserved decision, was given yesterday by Mr. R. M. Watson/ S.M., in. the claim for £25 for damages for wrongful dismissal brought by L. Walsh (grader driver) against the Ohura County C6uncil and heard at the sitting of the-Tau-marunui magistrate’s court on February 14. - ■ “In this case the question for the court’s decision is what notice or wages in lieu of notice plaintiff is entitled to,” said the magistrate. “In the circumstances no contract for any definite term having been entered into he is entitled to reasonable notice. ' •Plaintiff’s wages were paid monthly, but'' that circumstance in itself does not create him a monthly servant, nor does this fixation of his wages at so much per hour pro-, vide in my opinion a determining factor.'

“An important -matter for consideration is the time lost before similar employment can be obtained. The agreed fact is that plaintiff was dismissed on November 8, 1934, on one day’s notice, and that it is admitted he found employment with the - Taumarunui County Council before Christmas. In the meantime he put in some time about the tearoom business of his wife at Taumarunui.

“There is nothing about the contract to suggest a weekly hiring. Taking all the circumstances of the employment into consideration I allow an average month’s wages, £l9 18s 6d, less an average day (of which notice was given), say, 16s. Judgment is for plaintiff £l9 2s 6d, costs according to scale.”