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Dismissed Director Awarded Damages

1st July 1955, Page 55
1st July 1955
Page 55
Page 55, 1st July 1955 — Dismissed Director Awarded Damages
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Which of the following most accurately describes the problem?

I N a civil case at Hereford Assizes last week, Mr. Justice Stable gave judgment for £686 against Vincent Greenhous (Shrewsbury), Ltd., for the wrongful dismissal of Mr. F. Kinder, a director and general manager of the company's Hereford depot. Mr. Kinder was also awarded £150 for assault by Mr_ Patrick Greenhous, Hillside House, L y th Hill, Shrewsbury, managing director of the company.

Mr. R. C. Hutton, for Mr. Kinder, said that after working for the company before the war, Mr. Kinder was appointed a director and general manager of a new establishment at Hereford in 1947. The turnover last year was 1270,000. Mr. Patrick Greenhous began to take a greater part in running the business and Mr. Kinder felt that h.: did not find favour with him.

In January last, Mr. Vincent Greenhous told Mr. Kinder that he would have to resign as they " did not seem

to see eye to eye." Later, Mr. Patrick Greenhous told Mr. Kinder to hand over the key and go. When Mr. Kinder refused, Mr. Greenhous tried to push him out of the office. Finally he was handed a typewritten notice of dismissal.

Mr. Kinder told the judge that he had never resigned, as he was still a director of the company.

Mr. Vincent Greenhous said that it had been decided to end Mr. Kinder's employment because the Hereford branch compared badly with others.

Mr. Patrick Greenhous stated that he only put his hand on Mr. Kinder's shoulder and removed it when told to do so.

Mr. Justice Stable remarked that as Mr. Kinder was still a director, he could not be dismissed. The case was a striking example of the confusion which prevailed when people converted their businesses into limited-liability companies. 'there was no b a sis for suggesting that Mr. Kinder had resigned by mutual agreement He had been " sacked."

The judge thought that six months was a reasonable amount of notice.

"NEVER HALLOA .

AFTER being acquitted of charges of permitting the use of an uninsured tractor by one of his farmhands who had no driving licence, an Albrighton farmer confided to a policeman: " We got away with it rather crookedly, I'm afraid."

Last week the farmer was sentenced to a year's imprisonment for perjury. The evidence he had given before his acquittal was stated to be false.