MAGISTRATE’S COURT

Hokitika Guardian, 14 October 1931, Page 3

MAGISTRATE’S COURT

WAGES DISPUTE. ON KOITERANGI FARM. GREYMOUTH, October 14. A disputed agreement concerning the amount of wages to be. paid to a married coup re, employed on a farm at Koiterangi, resulted iu the hearing ot a claim for £l5O before Air .vieldruin iS.AI., yesterday. The plaintiffs were ihomas .uomnd.aud Margaret Morland, of Koiterangi fMr T. ,F. Brosnan), and the defendant was John A. Hart, contractor, of Greymouth (Air J. W. liannan).

The statement of claim set out that, on or about -May 4, 1927, the defendant engaged the plaintiffs as a married couple, to manage Jus property at Koiterangi, at an agreed upon remuneration of £6 per week; that, about February, 1929, defendant agreed to pay them an Increased remuneration at the rate of £IOO per annum, in addition to £6 per week, by half-yearly payments of £SO on the first day of September' and ■March in each year ; that, about September, 1930, plaintiffs at the request of defendant, agreed that the increased remuneration should cease to be payable after the first day of September. 1930 ; that the amount becoming payable by the defendant is £l5O for the period of 18 months from March, 1929, to 'September, 1930; that repeated requests for* payment have not been complied with, and therefore the sum of £l5O is claimed, with costs. Mr Hannan asked that witnesses be ordered out of (,'ourt. He stated that, due to the way the claim was framed, .ufie were tine plaintiffs. Morland an 1 his wife. The base depended purely on verbal evidence, and if both plaintiffs remained in Court, it would be a matter for comment later on. Mr Brosnan submitted that plaintiffs were entitled to remain in Court.

"laintiffs remained, other witnesses being excluded.

Thomas Morland, fanner, of Koiterangi stated that his wife and hjm.vj. were engaged by Hart about May 4. 1927. About February, 1929, they had. a visitor at the farm, Air Warren, from* ■Christchurch, who offered witness u position as imauager of a sheep farm at 'Kaikoura. 'The offer appealed to him, iiit Hurt visited the farm about February 15, and agreed to pry him another !>S2 per week to stay on, to be pad in half-yearly payments of £SO, commencing in the following .March. ’Duly Hart and witness were present, but -Mrs .Morland was called in, and the arrangement explained to her. At the end of the first six months, he asked Hart for Dlie £SO, but Hart stated that he was not then in a position to pay owing to the lin'd times, hut promised to pay later, when he. got some money from the Government, in connection with the Milford Sound Hostel. At the end of the year, Jack Hewer, salesman 'for the Grey .Motors,. Ltd., went to the farm, saying that. Hart had sent him, as he (witness) was going to buy a car. He agreed to deposit £sl) on a car, and pay £SO each six months, subject to getting the money from Hart. A, contract to purchase a car -•is sinned, on thes<* terms, about March, 1930. In September, 1930, witness suggested tiiuC lie take the farm on shares, but nothing came of it. Hurt explained his position financially, and witness agreed to revert to the original salary of £6 per week, . which had been paid right through. Hart terminated the engagement by giving them a month’s notice, and witness and his wife left the farm on June 1, this year. Hart then refused to pay the extra £l5O, and told witness to ■‘get it.” That was the first time Hart had refused to pay iit. To Mr Hannan : * There was no term fixed at the time of .the engagement. After he had been on the farm about six months, witness asked tor a rise, but it was refused. In 1929. the carrying capacity of the farm had been doubled. Witness did not know what the profit was, as Hart kept the books. Hart also acted as manager, witness and hits wife being engaged as a “married couple^.” Air Hannan said that Hart was at Milford on February 15, 1929, the day of his supposed visit to the farm.

A ROUGH DIARY. Witness said that he kept a diary, but had not brought it to Court, as he did not think" i't was necessary. Ho had made entries in the diary referring to Hart's visits to the farm. Witness never made a written request- for the payment of the extra £l5O. Bart told him when the arrangement was made hat he did not want his secretary to know about it, and that was why he ' Morland) did not refer to it in letters. Witness did not buy the car as he could not get the money.

To* Air Brosnan : He considerably improved the farm, and Hart hail always been satisfied. The diary lie kept was only rough, and he could not guarantee it so far as dates were concerned. It was just approximate. To the S.AI.: The farm comprised 700 acres, and there weije about 63 cows. Witness and a hoy did the milking. Mrs .Morland corroborated her husband’s evidence, and added that, when the purchase of a car was suggested ■Hart offered her his Ford for £IOO but she refused to buy it. When Hav' .Trend to pay the extra £2 per week he shook her husband’s hand and sa d that £2 per week extra was nothing for a good man like him (Morland). When the purchase of a car was suggested, she told Hewer that Hart owed them money. John Hewer, of Ross, stated that until about eight months ago, he was a salesman for the Grey Motors, Ltd. iH e knew both 'Hart and the Morlands. He was not anxious to come to Court, but was subpoenaed and had to come.

He had no feeling one way or the other, and a mild get nothing whatever out of tln\ case. He said that he first went to see Morland about a car about two years ago, and called on various occasions. Hart told him that Morland would be having money shortly, on the itines of a bonus or something like that, and advised him to.see Alorland, as the latter was thinking of buying a Baby Austin. He saw Morland about March, 1930, and -Borland said he had about £IOO to come, quid was g"tting £SO every six months. He agreed to buy a touring car, on £SO deposit and six-monthly payments of £SO. Alorland gave him to understand that 'he was getting a bonus of '£so every six months. He agreed to buy the car. on condition that he received the money from Hart. Witness later called on Hart, and asked him when the money would be paid to Morland. Hart- said that he did not know exactly, as he was waiting for money from the Milford -Sound Hostel contract.

To Air Hannan. The purchase of 'h-' car was not completed. Alorland did not- take possession, and told witness that he did not get the money. Witness previously reported to the Grey Motors that Morland was expecting money from Hart. This dosed the case for the plaintiffs.

At this stage, Air Hannan moved for a non-suit, on the ground that there was no written contract. There -was, he said, a presumption that a hiring without any term being stated was a yearly hiring, and a ‘yearly hiring, to commence from a future date, was a contract of which there required to be evidence 'in writing. Ho> quoted a number of authorities in support of his point. Mr Brosnan said it appeared to him obvious, *on the evidence, that the contract wa-s not in the nature of a yearly hiring. The engagement could be terminated at any time. . V the S.M. had any doubt on the point, lie (Mr Brosnan) would ask leave to go into the .legal authorities. The S.M. said he had a doubt, and he would like to hear the matter fully argued. Mr Brosnan suggested that Hi'-'' s evidence be taken, and the non sum point be reserved. Mr Hannan said he preferred to have the non-suit point settled li "A, and -the case was therefore adjourned until the next sitting of the Court.