LOWER COURT.

Dominion, Volume 7, Issue 1936, 19 December 1913, Page 11

LOWER COURT.

CASE AGAINST NEWTOWN BAKER

TIME & WAGES BOOKS

_ Henry Fisher, baker, .of Bicldiford Street, Newtown, was proceeded against' beforo Mr. J. S. Evans in the Magistrate's Court yesterday bv tho. Inspector of Awards (Mr. Rowland 'IV Bailey) for alleged breach of the Wellington Bakers' and Pastrycooks' Award, in" that ho had wilfully mado false entries in his wasces and overtime book contrary to-the. provision of Section 58 of tho Industrial Conciliation and Arbitration Act, 1008. In respect of the above, two claims were laid against Fisher-— on©. of ' employing Vance Clifford and failing to. pay.him the prescribed rate,' and another of, failing to pay Hugh. Richards,-J jobber, tho award rate.

Before this caso c.nmo 'on/tho 'two' 1 employees, Richards and Clifford—were proceeded against for failing to claim tho award rates of wages. Both pleaded guilty, and wcro fined 20s. each. In imposing the penalties, tho Magistrate remarked that if tho awards wcro. not going to bo adhered to there was littlo or no use in having them at all. Tho caso against the employer, Henry Fisher, was then taken, Mr. J. 'j. M'tirath appearing for defendant. Tho two employees, Richards and Clifford, gavo eviclenco as to the character of tho work done, and the timo occupied in carrying it out. The latter stated that he had been doing foreman's work for £3 2s. per week, but should have been getting £3 ss. He had repeatedly askod for a foreman's wage, but Fisher had always replied that ho could not afford it.

Mr. M'Grath submitted that defendant could not be convicted on tho information of wilfully making false entries in his wages-book. Evidence would bo called to show that the book was kept by defendant's wife, and she had mado the entries in accordance with a contract made with Clifford and Richards. Had defendant, been charged with failing to keep a book, tho ciso would have been different.

His Worship remarked that what Mr. M'C-rrath had stated vras no excuse. Probably only one employer in a hundred kept his own books.

Mr. M'Grath went on io say that tlioro was no evidence to Judicata that defendant mado any false entry. On the merits of the caso defendant's story appeared to bo borne out by the statements of both witnesses. Defendant himself had dono the work of a foreman, and had paid himself a foreman'? wages. Ho had paid Clifford £3 2s, and ovcrtimo when tho latter was only entitled to £2 15s. weekly. Richards, tho other employee, had looked on 1' ]slier more in tho nature of a. friend than an employer, and Fisher had kept him on for a length of time when there was really nothing for him to do. Fisher then gave evidence, corroborate ing the statements mado' by his solicitor. Tho Inspector of Awards pointed out that although no entry was niado on tho Monday, yet at tho end of the week the total number of hours worked by tho witness Richards was set down at a certain figure, although ho had worked a greater number of hours. This, ho claimed, constituted falgo entry. At the conclusion of the evidence tho Magistrate remarked that he thought that' tho section- of tho. Act on which tho caso 1 rested was not complete. It did not indicate that there was'any-obliga-tion-on' an employer to enter ilie actual number. of hours worked. If an employer wcro obliged to enter thsv true and actual number -of hours worked,' and he put this number down to a lessernumber, then lie was guilty of making a false, entry. A- man, for instance, might work 50 hours,; and, in the book, ho might be entered as having worked 40 hours. Such a inan had certainly worked 40 hours, but there was not. at present any obligation to put down the true and actual number of hours worked. Mr. Evans reserved decision in order to cansult a recent judgment of Mr. Justice Sim's, which has a direct bearing on the question. Ho mentioned, however, that ho thought that the inspector had mado out a ease. IDLE & DISORDERLY, Annie Maud Sales Was charged before Mr. \V. (J. Itiddell,) S.M., with being an idlo and disorderly person, and with cc-nsorling with women of ill fame. Sho was sentenced to three months' imprisonment. On a charge of insobriety she was convicted and discharged. BREACH OF THE PEACE. Thomas M'Gill and Charles O'Loughlin were charged with using threatening behaviour in Tarauaki Street on December 17. The former pleaded not guilty, and was represented- by Mr, F. O'Leary. O'Loughlin later pleaded guilty. • The evidence was to tho ofToefc that O'Loughlin had used insulting language to M'Gill inside and outside the lattcr's premises M'Gill had struck O'Loughlin when (it-.was stated by evidence for tho defence) the latter had attempted to strike him. O'Loughlin was fined 20s. In fining M'Gill 10s., His Worshop remarked that, it seemed to him that, if M'Gill had tried, ho could have avoided the trouble.- ■ otiimTcases. Harry Graham was fined 10s. for being drunk wliilo in charge of a vehie'e. Three first -offenders appeared on charges of insobriety. Two were fined as.,- and one was convicted and discharged. Similarly charged, Margaret Josephino Sullivan was leman'dcd till December 23 for medical treatment. Three young children in indigenous circumstances were committed, to tho Wellington Receiving Home... CIVIL . CASE. Judgment was given for plaintiff by default in the case C. H. Harris and j Co. v. J. Do Silva for £3, with costs ! 13s. . ' . ;