CLAIM FOR WAGES

Wanganui Chronicle, Volume 79, Issue 264, 7 November 1936, Page 7

CLAIM FOR WAGES

JUDGMENT FOR £207 THE MANGAMAHU CASE HIS HONOUR’S DIFFICULTY Giving judgment in the Supreme Court at Wanganui yesterday in regard to a claim for wages, Uncling for plaintiff in the sum of x 207, His Honour, Mr. Justice Reed, commented to the effect that if people would make these sort of loose agreements and then suffer injustice afterwards, it ,vas their own lault. I’lie plaintiff was George McCormick, lorry driver, and the defendant I Herbert John Archer, storekeeper, Mangamahu. Plaintiff claimed a sum appioximating £304 for wages alleged to be due under an alleged arrangement whereby he was to receive £5 a week and his keep when working as a lorry driver for the defendant. Defendant set up a defence that no agreement had been made as to what, rate of wages the plaintiff was to be paid, and that he had been paid, over the slump period, an amount averaging £3 13s 6d per week and found, which, it was contended, was an adequate remuneration, considering the nature of the times. “This is one of those cases which, owing to the failure of the parties to adopt ordinary business methods, it is impossible to satisfactorily determine the issue before the Court,” said His Honour, giving judgment. “No definite agreement in regard to the rate of wages has been satisfactorily proved and it falls to me to determine the matter on the basis of what is a fair and reasonable remuneration. Giving the case the best consideration I can, I find that there is a balance due the plaintiff of £207." His Honour gave Judgment accordingly in favour of the plaintiff, with costs on the middle scale as for a claim of £207. The counter claim (£256, for board and lodgings, which counsel for the defence contended had been set up more in the nature of a defence than an actual claim) was not allowed. Mr. H. M. Keesing appeared for t he plaintiff and Mr. N. R. Bain for Archer.