LOSS OF WAGES

Evening Post, Volume XCVIII, Issue 38, 14 August 1919, Page 8

LOSS OF WAGES

DURING EPIDEMIC PERIOD

MINISTER OF HEALTH TO BE

SUED,

, A mild.stir was caused' at the Magistrate's Court this morning, when Mr. A. W. Blair applied to the Bench to have the Hon. G. W. Russell joined as defendant in two civil cases in which two employees of the Marblo Bar Company, Ltd., have given notice'to sue for wages lost by them during the four weeks when the Marble Bar was closed on account of the epidemic. The plaintiffs in these cases' are Bridget Croawell and Catherine Stewart, and the amounts of the claims £3 10s and £6 17s 6d, hot, as counsel remarked, large amounts, but as tests the cases would be of very considerable importance. • Bernard Doherty, the secretary of the company, had set out in an affidavit in connection with the application that in November last the premises were closed for a period of about four weeks by the order of the Horn G. W. Russell,. Minister of Internal Affairs, and as a result the employees were thrown out of work. Employees were now bringing action to obtain wages for that periodl of four weeks or so, but, the affidavit ran, losses of wages were not caused by the defendant company, which was willing and' anxious to keep the premises open', but were caused by the action of the Hon. G. W. Russell. The company had been advised by its solicitors that the Minister had no authority whereby to order the premises to be closed down, and that his action in so doing was unlawful, and consequently that he and' not the defendant company was tho person (if any) responsible to the plaintiffs for any loss of wages that may have been incurred. Mr. Blair suggested that'the hearing of the original claims should be adjourned in order that the Minister could be joined as defendant with the .company. Mr. J. Scott, who appeared for the plaintiffs, said that he had no objection to the Minister being so joined. ■ "Has notice been served on the Hon. Mr. Russell," asked Mr. W. G. Riddell, S.M. \ "That has not been necessary, up to this stage," replied Mr, Blair. "The application will be granted," said the Magistrate, "and service will be made on tho Hon. Mr. Russell. The matter will be adjourned till 28th August."