INSPECTOR MISLED

Hawke's Bay Herald-Tribune, Issue 11, 28 January 1937, Page 5

INSPECTOR MISLED

Unsuccessful Claim for Wage Arrears CASE AGAINST ROACHS An unsuccessful claim for aileged arrears of wages was brought by the Inspector of Factories, Mr A. E. Wood, against Gordon Roach, manager of Roach's (1931) Ltd., jn the Hastings Magistrate's Court yesterday afternoon Mr. J. Miller, S.M., presided. Mr Selwyn Averill appeared for the defence. It was aileged that the firm or Roach's had employed a young woman substantially as a grocer's assistant, but had failed to pay her the prescribed award rate. There was an alteraative aliegation that the same woman had been employed as a casual at less than the award rates. The inspector agreed that h© had been misled in that he thought compiainant had been employed for more^ than half her time as a grocer's assistant, whereas she had admitted in evidence that this was not so. Eileen Mavis Griffiths, single woman, said that she was employed by Roach's at the liardware and confectionery counter, and had at odd times gone to the grocery counter for customers during lunch and tea hours and on other occasions when the staff was rushed. 8he could not give an estimat© of the time so worked a day. Asked by Mr Wood whether Mr. Roach had ever asked her to work at the grocery, counter, ''she said "No" but he knew that she had served. groceries, which she did at the request of customers or the manager. She always stood behind her usual counter. The Magistrate asked Mr. Wood if he could hope to prove that coinplaintant was a permanent grocer's assistant. Mr. Wood .said that he relied principally on the alternative claim that she was a casual employee jn the grocery department. v The Magistrate remarked that employement for odd pertods in different departments could not thereby establish the right to a different Status from that in which she was permanently employed. Complaintant said that she never claimed to be a grocer's assistant, but '-laimed to be paid a senior shop assistant' s wages. Mr Wood said that the proceedings had been takou jn accoi'dance wjth instructions, but he had apparently been misled as to the eVidence the employee would lead. In the circumstances the Magistrate said that judgment would have to be given for defendant.