CLAIM FOR DAMAGES.

Evening Post, Volume CXIV, Issue 123, 21 November 1932, Page 4

CLAIM FOR DAMAGES.

DECISION RESERVED

' The hearing of the claim of Herbert Hiekling. against "W. T. AVery (N.Z.), Ltd., for £5 wages and £1000 general damages for alleged wrongful dismissal was concluded on Friday before his honour the Chief Justice, Sir Michael Myers. - . ■. . ■

Mr. A. B. Sievwright appeared for the plaintiff, and Mr. H. F. O 'Leary for the defendant.

Evidence was called to show that Hiekling, who joined the defendant company under a five years' contract of employment at a salary of £7 a week, was dismissed by Mr. Eossiter, general manager of W. T. Avory and Co., Ltd., because he considered it unreasonable to be asked to proceed with the overhaul of the Westport Coal Company's weighbridge without a skilled assistant. Most of the evidence was directed to the question of whether or not the plaintiff was_ justified in refusing to carry out his instructions, and as to whether one or two experienced men were necessary for the overhaul.

Lonard Joseph Saunders, employed as a scales mechanic by the defendant said he did the Westport Coal job after Hiekling's dismissal. During tho last few days of the work an apprentice gave him a hand. He experienced no difficulty in carrying out the work without skilled assistance.

Cross-examined by Mr. Sievwright witness, admitted that ho had been Hickling's assistant on other weighbridge jobs. Albert Carter, foreman of the "Wellington workshop of the defendant company, said he ha.d overhauled weighbridges in Christchurch without skilled assistance, and he had had no hesitation in doing the work. Replying to Mr. Sievwright, witness said that as far as he knew, Mr. Hickling, who, he admitted, was a competent man, had not overhauled a weighbridge without having had an assistant.

At the conclusion of tho evidence, counsel made a number of submissions on the law and on the evidence.

The Chief Justice reserved his decision.