“CONTRARY TO ALL JUSTICE.”

Manawatu Herald, Volume XLVIII, Issue 2997, 11 February 1926, Page 3

“CONTRARY TO ALL JUSTICE.”

CLAIM FOR WAGES FAILS

Before Mr. E. Page, S.M., at the \V|ellington Magistrate’s Court, on Tuesday, a steward, named Alfred Phillips,- sued Levin and Co., Ltd., as agents for the Manawatu Shipping Co., Ltd., to recover £ls 45., as wages in lieu of half-holidays, which he alleged should have been allowed him in his “home port,” Wellington. Mr. Skeddon appeared for the plaintiff, and Mr, J. B. Stevenson for the Shipping Company. Plaintiff stated that he signed on in Wellington, and, as under the award, that was his home port, he was entitled to take half-holidays there. However, half-holidays had been given to him in Poxton, and, as this was contrary to the award he claimed wages for the half days he had not had in Wellington. Under cross-examination by Mr. Stevenson he admitted that he had friends in Poxton and none in Wellington, and that it was at his own request he had been allowed to taksi his half-holidays in Poxton. He could have had them in Wellington if he had so asked. When paid off he said he was then satisfied that he had received all his wages and holidays. He would not have brought this action if he had not been influenced by the secretary of the Cook’s and Stewards’ Union. Mr. Stevenson submitted that the action was neither founded on justice or equity, and should be dismissed. It was mere pin-pricking instigated by the union. Purther, the action was not brought within three months of the steward’s being paid off, and therefore could not succeed under “The Industrial Conciliation and Arbitration Act.” Counsel entered an emphatic protest against actions of that class being instigated by a union. His Worship said the legal defence must succeed, remarking that it was contrary to all justice that a steward should bring such a claim after being met by the owners and given his holidays at the port he wished. Costs amounting to £2 12s. were allowed against plaintiff.— Dominion.