SUFFICIENT NOTICE

Evening Post, Volume CXI, Issue 32, 7 February 1931, Page 10

SUFFICIENT NOTICE

EMPLOYEE'S DISMISSAL

'Reserved judgment has been given by Mr. J. S. Barton, S.M., in an action brought in the Magistrate's Court by Mr. H. \J. Algar against the New Zealand Express Company, Ltd., claiming £184 13s •4d for alleged wrongful dismissal. Judgment was given for, the company. , At the hearing • Mr. W. E. Leicester appeared for .the. plaintiff, and Mr.'A. M. Cousins for the defendant. •The plaintiff had been employed by the company for 17' years, and by 1923 was head of the Custokfis department at Wellington., In March; 1929, he was appointed acting manager of the Wellington branch, and acted in that capacity for a year. He was then moved back to his position in the Customs Department, at' a salary of. £400. On 30th August, 1930, he, was dismissed on a^ 'month's notice on account of the Wellington '.office being1 overstaffed. Algar claimed that he was entitled to six months' notice, and' sued for £164 13s ,4d, in lieu'of five months' wages. ■ > It was contended by/the company that by established'custom in the-carrying business an employee, whatever his capacity, was entitled only to one month's notice. The company, also contended that in the circumstances of the case one month's notice was reasonable and sufficient. Evidence on these points was given by the general manager, and the local manager of the company, and by the managers of three other carrying businesses. The Magistrate held that although the evidence tendered by the company was not sufficient'to,establish a definite recognised custom, it 'did prove that, in the circumstances, one month's notice Was reasonable and adequate. Judgment was accordingly given in favour of the defendant, with £8 4s 6d costs.