AN INTERESTING CASE

Wairarapa Age, Volume XXXII, Issue 10542, 26 January 1912, Page 5

AN INTERESTING CASE

SEQUEL TO THE LICENSING POLL. lA claim by J. A. Wialsh the Licensed Victuallers' Assoc'ation was heard at Pahiatua on W< Jnesday, before Mr L. U. Reid, S.M., for the balance of salary as organising secretary at the recent election, and bonus -promiskl to plain tiff !s wife in the event of No-license not being carried. ;

The plaintiff stated in his evidence that he"was- employed by the Licensed Victuallers' Association as organising canvasser at a salary of £7 per week from 2nd .'October to 20th November, wlhen he was summarily dismissed without proper grounds. That at the election. No-license was defeated, and the defendants now refused tojpay the balance of salary (£18) due to him, and the bonus of £SO promised, to ihis wife. The defendant's .solicitor contended itlliat the bonus agreed to be paidjto the wife was not enforcable at law. She- .was to" tibe' a^reeranent.-: furtlief. "alleged that plaintiff.; hi's dwties,. aftd" iJMit he was hot; entitled to recover any further salary from the date of his. dismissal."

The plaintiff's solicitor, /admitted that in poinft of }aw # £b& bonus* of £SO was not recoverable under the agreement, but that tire defendants ought to pay it, and their refusal to do so was a shameless, violation of a bona fid© agreement, .'after * the plaintiff's wife had given, her services and worked oil their behalf. He contended, , however, that the plaintiff was clearly entitled to recover his salary, or in the alternative damages for wrongful dismissal,-as there was no'evidence of habitual' neglect of duties. After .hearing the evidence and legal argument, the Magistrate held that' ■the plaintiff had not been guilty oi such habitual neglect as-to warrant 'hi,?, summary dismissal. He was entitled to. a week's/n'ages in liei* of notice, namely £7','!\ anil *>tidsmaut would be given rfor nip fF for .that amount, each -party to pay Ms own costs.

Mr P. 'L/Holiiugs appeared for plaintiff, and Mr or. H. Smith for .defendants.