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ST. FRANCIS HOTEL
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The China Dail
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WITH THE NEWS
THE CHINA MAIL, MARCH 13, 1939
HOUSEBOY AWARDED WAGES IN LIEU OF NOTICE
A CLAIM BY A HOUSEBOY, WHO HAD BEEN SUMMARILY DIS- MISSED, AGAINST H. C. J. BURNETT, OF 188, NATHAN ROAD, WAS DECIDED IN FAVOUR OF THE BOY AT THE KOWLOON MAGISTRACY THIS MORNING.
The second count for recovery of Giving judgment, Mr. Hims-
28 the treated $4.68 worth said:-
“cannot be This case is of interest because plaintiff has sought to treat it, as it is one of the rare occasions on an additional ́sum' over and above On this count which an aetion of civil jurisdiction|his month's wages.
is dealt with in a Magisterial Court I give judgment for the defendant. On the second count I also order and also because it involvès'an 'ex- amination of the question when ser- a sum of 85 costs be paid to the vanta may be summarily dismissed defendant by the plaintiff. without notice.
J
GUNNER AGAIN REMANDE
Gunner William Hogan, of the
The facts which appear to be admitted by the parties are as fol- lows: The plaintiff was engaged about as house-boy by defendant ten months ago at a salary of $25 The plaintiff was per month. given one month's notice on Febru (ary 1 to take effect at the end of the month. During plaintiff's em-
of 80th Battery, Royal Artillery, was ployment, defendant lost sums money in the house, including 310 again remanded by Mr. R. A. D. on February 3 in circumstances Forrest at the Central Magistracy, which made him extremely sus- charged with assaulting Chau Nam,
a butcher, at Hennessy Road picious that the plaintiff was sponsible. Thereupon he discharg- Friday night.
Defendant said he struck under ed plaintiff. immediately and gave
The complainant said that he him $5 for work done during Febru- provocation. ary. Plaintiff accepted the $5 but later returned it and claimed at was struck on the face while talk- least half a month's salary. When ing to another foki through a grill this was not forthcoming," plaintiff and lost consciousness.
He denied that he was told to he brought the present action, claim-
or that move by defendant ing $4.68 for work done and one
shouted at defendant. month's wages in lieu of notice. Defendant admitted the debt of $4.68 and paid $5 into court.
SUMMARY DISMISSAL
re-
01
The case was adjourned for the foki to be brought as a witness.
It is not easy to understand why EMPLOYER'S PLEA
plaintiff joined the claims in this action for he is clearly not entitled to both. I will deal first with the claim for a month's wages." -
י
FOR LENIENCY FAILS
The occasions on which a ser vant may be summarily dismissed without notice are summarised in
-A 21-year-old rent collector, Lam Halsbury Vol. 22 p. 151 et seq.
the Wo-ling, was charged before Mr. First, wilful disobedience of
with this morning, R. Edwards lawful and responsible order of -a master; second, misconduct incon- embezzlement of $53, received by sistent with due and faithful dis-him on account of his employer Mr. charge of his duties; thirdly, if George Lee of the Wing Nam Com- the servant has been guilty of an pany.
It was said that defendant was offence outside his employment of
February
such a character as to make it un-sent to collect rent on safe for the master to retain him; 26. Later, the accountant found
the money $58 short. or if the servant has been im-
Defendant said he sent the moral so that he cannot safely be trusted, or insulting; fourthly, money to his wife in the country.
Complainant asked the Court to neglect of h his duties; fifthly, competency in the work for which be lenient with defendant and not he was engaged; sixthly, permanent Put him in gaol, but said he would
and not employ him again. incapacity caused by illness,
Defendant was fined $50 or one
in-b
finally, in certain cases, where the conduct of the servant is, incom- month, and to pay $50 compensa-
tion or serve a further month. patible with the faithful discharge. of his duties.
Now the evidence shows that!
none of the above grounds can pro- MAN WHO JUMPED
perly be imputed to the plaintiff.
The only ground for dismissal alleg- fud by defendant was that he strong-
FROM ROOF
ly suspected, the plaintiff of theft. Two unemployed seamen, Wong But suspicion, however strong, is Ah-mo, 82, and Wong Sui-mo, -- 24, T. J. not proven fact, and it is upon were charged before Mr. proved facts that summary dismis- Houston at the Central Magistracy sal must be decided. If the money this morning, with loitering on the had.
entrusted to the care of roof of 'No. 292 Hennessy Road,
It might have been on February 2. Pa here beyond the fact Detective Sub-Inspector
here the said that
knew
con Feb
Joan. Hayziká
about 1210
cauation. who
He