MAGISTRATE'S COURT.

Taranaki Daily News, 11 June 1919, Page 7

MAGISTRATE'S COURT.

CIVIL SITTING. (Before- Mr J.. W. Poynton, S.M.) The following cases were dealt with at the Magistrate's Court yesterday by Mr J. W Poynton, S.M.: — UNDEFENDED CASES.

Judgment by default was given, for plaintiffs in the following undefended cases:—Edward Vincent (Mr A. H. Johnstone) v. Annie Tapiki, £2l 3s (costs £3 8s Gd); H. G. Clarke (Mr J. C. Nicholson) v. Noho Te VVhiti, £BS 3s 3d (costs £5 0s 6d); same v. I'red Inia, £3B 123 9d (costs £3 3s); same v Pouranui Ngawhare, £9 10s Gd (costs £2 8s); A. C. H. Collins (Mr D. Hutchea) v. L. Oldham, £5 5s (costs £1 3s 6d); A. Shuttleworth (Mr. Billing) v. G. B. ®eare, £4 (costs 108); New Zealand Express Cto. (Mr. Nicholson) v. Wm. Brown, £1 2s 6d (costs 9s). JUDGMENT SUMMONSES. In the judgment summons case W. B. Clarke (Mr Johnstone) v. Wm. Te Whiti, debtor did not appear, and was ordered to pay the amount due forthwith in default seven days' imprisonment, the warrant to he suspended provided the debt was paid in monthly instalments of £2.

In the case of tlie Red Post Furnishing Co. (Mr Nicholson) v. L. Oldham, an order was made for payment of the amount due by August 1, in default nine days' imprisonment.

BREACH OP AWARD. The Inspector of Awards (Mr ,T. C. Yorke) proceeded against Henry iirown and Co., (Mr A. H. Johnstone) for failing to fulfil the terms of the Timber Workers and Sawmill Hands Award by not giving a night watchman, who had been employed for a period of over twelve months, the holiday of fourteen days to which he was entitled. Ths inspector put in the award, which provided that a night watchman, who had put in nine months' service in the previous twelve months, should receive a fortnight's holiday on full pay. Evidence was given by Richard W. Blackburn to the effect that he was en-

gaged by the defendant company on December 31st., 1910. He had a holiday after his first twelve month's of employment. He had received no holiday for 1917 and 1918, He had asked his employer for a holiday, but had been asked to put it off for a few weeks.

To Mr Johnstone: He had a holiday in January 1918, but insisted he had not had a holiday during two and a-half years' service. He admitted having been dismissed for sleeping while on duty in March last.

Mr Johnstone urged that the Award under which action was taken, came into force in 1918, and that as plaintiff had had a holiday in January 1918 he therefore was not entitled to a holiday under the Award, as up to the time of his dismissal lie had not served the ne> cessary time to entitle him to a holiday. He also raised the question as to when the year of employment actually commenced. If it was from January to December then there had been a breach of a previous Award in 1917 but no breach of the present Award The inspector pointed out that it would be extremely hard if workers were deprived of the benefits .under one award because that award was superseded by another, and such procedure would have very far-reaching effects. He had no doubt that plaintiff would have received a holiday had he not lost his employment, but submitted that his dismissal did not deprive him of the holiday to which he was entitled.

The Magistrate said the point raised by Mr Johnstone was a fine one, and ho would take time to consider it.

After the luncheon adjournment his Worship gave judgment for £o, £5 5s of which was directed to lie paid lo Buchanan. In delivering judgment lie said that, at the time of dismissal, "Blackburn had been em!plo|yed continuously for 14 months, and was therefore enj titled to have had a holiday in February, 1919. He further said that when an award is given it does not affect approved rights. Statutes and awards must be interpreted to preserve existing approved rights. LAND AGENTS' LICENSES. Land agents' licenses were granted to Messrs R, VV. Currin (Mr A. H. Johnstone), J. R. I-lill, and E. Griffiths.