MAGISTRATE’S COURT

Hokitika Guardian, 9 May 1930, Page 2

MAGISTRATE’S COURT

THURSDAY, MAY Btli

(Befbfe W. Meldrum, Esq., S.M.)

A DISPUTED CLAIM

Christian John Anderson (Mr Murdoch) v. South Westland Shipping Coy., Ltd., (Mr Elc-ock), claim for £33, a month’s wages in lieu of notice. .

Christian John Anderson gave evithat he was a master mariner residing. at Hokitika. He was- employed as Master of the Gael at £2O

per month and 5 per cent of the gross takings. The ( Gael traded between South Westl'and and Wellington. Was paid up [id loth March. Arrived from Nelson on -14th March. Mr Wild called to witness to take the ship to the coaling berth. Bunkered her with 7 or 8j (tons of coal. Mr Wild told witness "he was to go to Okuru that night. Brought the vessel to the wharf and discharged the vessel with the crew and some shore labour, finishing about 2 p.m, Told Mr Wild that the Engineer (Trippner) wanted to leave. Mr Wild then said not to load till he. saw if he could obtain a new engineer. Mr Wild had a conference with the engineer who would not stop. Mr Wild then told witness to discharge all hands as they could not obtain another engineer, as they were going to tie the ship u;p. Paid them off next “’day.- Then made a claim through his solicitors'for payment of a month’s salary and that was refused. The gross monthly earnings gave witness £l3.

To Mi; El cock: Trippner told witness on ’6'ffTl March that he was leaving on i!he 14tli. They‘had always got an. engine o : - before. His duty was to give the agents notice on aril ivq.l, .if., .men were leaving. Hid not think the engineer would leave and stick the ship up. On arrival from Nelson on Bth did not tell Wilds the engineer was leaving. Got hack to Nelson .on the 1 Otli. Could not say if Trippner asked him if he had told Wild ho was leaving. It was about dinner time on the 14th that he told Wild that the engineer was leaving. ..When he first joined the ship.it was. as A. 8., his father then being, master. About September 27th it *\;as arranged witness should carry on while his father went to Christchurch.-. Tn conversation with Mr Benton, the latter suggested witness

take over the ship as his father was too old. When his father came back he did not get any notice as he did not join the ship again. Witness continued on the same terms as his father. Witness told Mr Wild that lie had had another job offered which he had declined. Mr Wild said if witness''had another job he should take it as the ship was not paying and they might have to lay her up at any time. He told Mr Wild that witness was entitled to a month’s notice, and Mr Wild said if he thought so he should get them through the Ootnrt. Witness knew there was something wrong in tho rudder before he left for Nelson. Made no report about it. Had an accident going into Nelson that trip, the rudder post carrying away. During lengthy ' cross-examination witness said lie came on from Westport to Hokitika without a rudder. Did not know -it because she was loaded and was down by the head.

The Court resumed at 2.15 p.m. Richard Wild gave evidence that he was secretary and manager of the shipping Company. When his father went to Christchurch defendant was appointed to take charge. It was then understood that his father was coming hack in a few days. When his father came back lie said to witness that there vas some dirty work going on and he would like to square. It was understood thatthe master was on 24 hours notic3 of paying off. On March 14th the ship arrived from Nelson. As the ship came up the river called out to the master to go on and bunker as they were to sail for Okuru. He went on and bunkered and the ship dropped down to the shed about noon. He then came into the oT:oe and told witness that the engineer was leaving . Tried to persuade the engineer tn stay oil hut he refused. Then told tho skipper to pay off all hands and lay up the ship. Anderson made up the pay sheet without his own name. Witness asked where was his own name. Ho said am T going to, and witness said yes. ITo then took awn v- tin - slmot and made up his own time. He had not received the pay sheet hnek from AmWs-n. Tim next day Anderson brought in tho pay slips from eaeli of the individuals paid before the Colleetor of Customs, and said he was entitled to his fare to Wellington. AYitness refused this payment saving he was not entitled to it; no rofereneo was made to a month s notice Rome time later he stated in a iovm' sort of wav that lie was entitled tn a

month's notice but he was not going to claim it as he knew the Company could not afford to pay it. The first witness knew of the claim for a month’s notice, was the summons. The captain reported damage to the • vessel one time after she had been in a gale on the way to Wellington. AVitness told Anderson on one occasion to look for another job as this one was likely to ( end any day. The accident at Nelson inYolved a loss of £6O to £.;

wages and delay. During the five months he was in charge the ship lostover £4OO.

To Air Murdoch.—Since the masthad been fractured it- had made the biggest lift it had ever done. . If tlm engineer had not left, the .vessel would have been sent on to Okuru,

John- -Strong Trippner, gave: evidence that he was a marine engineer. He joined the Gael on 21st February and left on 14th March. He gave plaintiff notice on 6th March. He asked Anderson on 10th March if ho had told Air AVilcl, and he said, he had- no time to do so.

Archibald C. Ingram gave evidence that lie was leading seaman on the Gale. He was present at Okuru when Anderson went full speed astern and the ship hit a bank with a crash. He thought the rudder post had gone, but could not see tin damage. It got worse later as the ship was worked. Ralph Cox gave evidence that he was Colleetor of Customs here. The Gael men were paid off on 15th March. Anderson did not lift his money that day. He casually mentioned that he was going to claim liis (fare to Wellington. He also mentioned that he was going ts claim a month’s wages.

Air El cock held that the Company wn-s entitled to dismiss the master on the grounds of neglect ef duty. Air Murdoch replied on law points raised and his AYorsbip reserved his decision.