MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2443, 23 April 1915, Page 7

MAGISTRATE'S COURT

A THEATRICAL DISPUTE

£50 DAMAGES AWARDED

Reserved judgment was given by Mr. W. G. lliddell, S.M., in the Magistrate's Court yesterday concerning the civil claim in which. Victor beck, theatrical agent, sued Stephenson and Linley, theatrical proprietors, for £116 for work done while acting as touring manager and advance agent in New Zealand for the Florence young Dramatic Company, and loss of salary by reason of wrongful dismissal. Plaintiff's claim was un-der-three heads, (1) £96 damages for alleged wrongful dismissal; ('2) £16 remuneration lor work done; (3j £4 salary alleged to have been short. In giving judgment, the Magistrate said that irom the evidence he found the following facts:—(l) That plaintiff was engaged by defendants at £8 per week as louring manager and advance agent for the Florenco \oung-Company's tour through New Zealand, estimated to last about twelve weeks; (2) that according. to a custom in the theatrical profession an advance agent's salary commenced from the time he started work in the' town where tho company to which lie was attached opened its tour; (3) that the date from which plaintiff's salary had to commence was not agreed upon between the parties; (4) that part of the duties of an advance agent was to attend to the printing and advertising connected with the company to which ho was attached; (5) that plaintiff had some discretion in the mattor of printing and advertising, but was delayed in. this work through the non-arrival of printing from Sydney; (6) that plaintiff's order for envelopes and other printing was made for the benefit of the company, was discussed by plaintiff with the defendant Linley, and in that respect was not given without ' some authority; (3) that plaintiff acted in an efficient and competent manner during the time ho was in defendant's employ; (8) that the dismissal of plaintilf by defendants, with one week's notice, was wrongful and without jnstilication; (9) that plaintiff was paid £12 on account of salary; (10) that tho Florence Young Company's tour in Now Zealand lasted approximately 12 "Halsbury states," continued Hi 6 Worship, "that where a has actually entered the master's sorvice a breach of contract is. committed if the servant is wrongfully dismissed before the expiration of the term for which he is engaged. A servant who has been wrongfully dismissed may treat the contract. as continuing, and sue for damages for its breaou. "Plaintiff did not commence his action until after the termination of the company's tour, and counsel for defendants submits that he Is now debarred from recovering damages. "It is further stated by Halsbury that a servant who has been wrongfully dismissed is not entitled to wait until the end of the "period for which he was engaged, and sue for the full amount of his wages. This statement of law affects the question of- damages, but does not take away plaintiff's right of action. The rule ,is that in. such a case plaintiff's, duty is to minimise his loss and do all he can to obtain other employment. "Plaintiff, however, says that he wan prevented from taking proceedings earlier because of illness, and I think that would be a sufficient answer to the objection. But his illness during part of the time, when under ordinary circumstances he would have been carding out defendant's business, must be considered in assessing tho damages to which he claims ho is TOo second and third items on plaintiff s claim must be disallowed. TJnder the first item I fix tho damages at £50, with court costs £1 10s., and solicitor s fee £3 10s." At tho hearing of the case Mr. Wiltord appeared for plaintiff and Mr. W. Perry for defendants. Leave to appeal was applied for by Mr. Perry, and security for such fixed at £8 Bs.