CLAIM FOR DAMAGES

Evening Post, Volume CX, Issue 138, 9 December 1930, Page 11

CLAIM FOR DAMAGES

WRONGFUL DISMISSAL ALLEGED

CASE AGAINST "RADIO RECORD"

Certain articlos and notes appearing in "The Baclio ltecord" were scrutinised in the Supreme Court to-day, -when Mrs. Nellie Digby Smith claimed damages from the Eadio Publishing Company of Now Zealand for wrongful dismissal. His Honour Mr. Justice Blair presided. Mr. C. G. White appeared for the plaintiff, and Mr. C. A. L. Treadwell, with him Mr. H. James, for the defendant. The statement of claim set out that in December, 1939, the plaintiff was appointed to the staff of the "New Zealand Radio Kecord," being given charge of the "Electrical Home" section, for a period of not less than two years, at £6 6s a week. On 18th July, 1930, she was notified that her services wore no longer required, and was offered four weeks' salary in lieu of notice. It was alleged that the termination of her employment was wrongful and in breach of the terms of the contract. She claimed £200 damages, for breach pf contract and wrongful dismissal. The defence stated that the plaintiff, was also to contribute to the "Dairy Exporter." It donied that the engagement was for not less than two years, and denied that she discharged her duties until 18th July. It denied that the termination of the engagement was wrongful, and stated that the engageineut was terminated on account of a breach by the plaintiff of the terms of her contract in that she did not, as required, supply material to fill six or eight pages per week that she was usually late in supplying material; that the quality of the material supplied by her was poor and not original; she failed to keep in touch with the electrical trade, and as a result of her neglect or inability the defendant had lost advertising matter and. the section of the paper placed in charge of the plaintiff had suffered and deteriorated so as to lower the general standard of the newspaper. PLAINTIFF'S EVIDENCE. Evidence was given by the '"plaintiff, who said she was a qualified,accountant. AVhen she came to New Zealand from England three years ago she obtained a position with the Pahiatua Power Board. She had had considerable experience in England in regard to domestic electrical equipment. In an interview, Heighway, the managing editor of the "Eadio Eeeord," which he said had a circulation of 14,000, referred to a proposed "electrical drive," and outlined the work which he desired the plaintiff to take up, mentioning articles on electrical matters, and on books and music occasionally. His Honour: "Were you to be the expert on books and musio as well?" —"Not necessarily the expert, but I said I thought I could take care of that column for him." Heighway said that the agreement in the first place would be for two years. She wrote some articles and sent thorn to Wellington, and when she saw lieijjliway she said: "What about the stuff: you have already got?"" and ho replied: "I am using every word of it." Later, a "What We Women Think Column" was started, with the idea o£ not presenting the electrical matter too solidly. His Honour: "The idea was to sugarcoat the electricity?" The witness said that Heighway never had.a settled policy. She thought he was.bothered about the whole thing, and was at the mercy of the last person he- was consulting on the subject. Sometimes he gave her whole-hearted support, and at other times he criticised. Finally, hehad an interview with the plaintiff, and said that he did not feel inclined to carry on any further. Money was being lost and the last of his regular advertisers had cancelled that morning. Matters came to a head when she asked if her services had been unsatisfactory. He said, "That is what I am going to maintain unless you accept the offer we shall make you, which I think is a perfectly fair one." The offer was four weeks' pay from the nest Friday. He said: "You can have the time to look for work. If you accept it, we will give you all the help we can and you can put out any story you like.'' Witness said, "Truth is good enough for me." At the interview, Heighway ma.de other complaints which witness considered" were unfounded. He said she had not been to 2YA, and she had; he taxed her about the book review, and she told him he had not got the books for her. In regard to the music column, when she was putting a couple of paragraphs through the associate editor said, "I have been hammering away at a music page for months and I want to see Heighway." The witness said that he wanted to run a music column in his section. Heighway also said, "You told me that you had only one child and I hear that you have three." (Laughter.) The witness said she told him she had never discussed her children with him. (Proceeding.)