A BLACKBALL CASE.

Rangitikei Advocate and Manawatu Argus, Volume XXXIII, Issue 9134, 1 May 1908, Page 2

A BLACKBALL CASE.

Per Press Association. Greymouth, April 29. At the Ahaura Court _ to-daythe case of Henry Fox, president of the Blackball Miners’ Union against the Blackball Coal Company, a claim for £55 for wrongful dismissal was commenced before MrTurtou, S.M.. and a jurv of five. The claim sets forth that on the Bth day of January, 1908, the defendant company engaged plaintiff to mine for coal, at a place allotted to plaintiff in its coal mine at Blackball, for a term of three mouths, or until the coal in the said place allotted to plaintiff was worked out, at the price of 2s 4d per ton; that plaintiff entered upon the performance of the said work and continued to mine for coal from January Bth to February 26th, when the defendant company wrongfully and unlawfully dismissed the plaintiff, and prevented him from completing work, whereby he lost the value of certain work which ho had performed. Mr Guinness appeared for the claimant, and Mr Hauau Harper for the defendant company. Henry John Fox, in evidence, stated that he had worked in Blackball off and on for six years. He restarted work in August last. The manager dismissed him at a moment’s notice. There were about ten tons of coal lying, and it would take a week to square up, which would have given seventy to eighty tons. There was no agreement with the company as to getting fourteen days’ notice. When he was engaged he was not promised any term of employment, but the usual practice in other mines was to get fourteen days’ notice of dismissal. Cross.-examiued, plaintiff said when he left the mine on a previous occasion he did not give notice, but left because the manager wanted him to do another man’s work in cleaning up. He had left the Dennistqn mine without giving notice, hut his pay was stopped. He had left the State mine without fourteen days’ notice, hut had told the manager he was going. The case was adjourned till tomorrow morning. Greymouth, April 30. The case in which Fox, the president of the Blackball Miners’ Union, sued the Blackball Goal Go. for £55. for wrongful dismissal, was concluded at Ahaura, to-day. A large number of witnesses were examined, the evidence being similar to that given at, tire Arbitration Court, when the Union was fined for striking. The following issues wore submitted and answered by the jury: (1) Was the plaintiff dismissed withouij notice from the defendant Company, on February 26th? Yes. —(2) Was there any agreement in existence, whereby notice must bo given before men were dismissed? —No. _ (3) Whether any custom existed in this particular mine whereby minors were entitled to notice? —No. (4) What damages, if any?—Nil. The jury expressed their opinion that the mine Manager should have shown more courtesy and allowed Fox to finish his shift. Costs were allowed against the plaintiff for £32 Os 6d, including assessor’s and counsel’s fee.