TRAMWAYS APPEAL

Sun (Auckland), Volume III, Issue 635, 11 April 1929, Page 16

TRAMWAYS APPEAL

WRONGFUL DISMISSAL CLAIMED REFUSAL TO JOIN CLUB On the grounds that he had been wrongly dismissed from the employ of ' the Auckland Transport Board for refusing to join fully in all the departments of the Tramways Club, Thomas Massicks, of 12 Chester Street, Mount Eden, a former permanent way employee, appeared before the Tramways Appeal Board yesterday. The board consisted of Mr. E. C. Cutten, S.M., Mr. J. A. C. Allum, and Mr. J. O. Liddell. Mr J. J. Sullivan appeared for appellant, and Mr. Stanton for the Transport Board. Appellant contended that no cause had been given and no legal reason had been assigned, that he had performed his work in an efficient and satisfactory manner, and that the reason given for his dismissal was that he had not fully joined in all the departments of the Tramways Club. While he did not refuse to join the club, he had objected to certain deductions being made from his wages for some departments of the club, as he was receiving these services elsewhere. No specific complaint had been made against him, and he had been afforded no opportunity to meet any complaint which might have been made. Appellant, in evidence, said he was a member of a friendly society and was in receipt of medical benefits from the lodge, and consequently did not wish to pay for the same services from the Tramways Club. From the time he joined the service in 1926 until his dismissal last February no complaint had been made against him. The appeal was dismissed by the board. It held that appellant in his application for employment had signed an undertaking that as an express condition of his employment he would become a member of the Tramways Club. As he had afterwards withdrawn from membership, the refusal to comply with an express condition of his employment could hardly j be held not to be a good ground for dismissal, unless it could be shown that the condition was illegal or un- ; reasonable.