116-NLR-NLR-V-24-PERERA-v.-MACKINNON,-MACKENZIE-&-Co.pdf
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Present: Ennis J.
PEBEBA v. MACKINNON, MACKENZIE & Co.
193 C. R. Colombo, 1,289.
Motor launch driver—Notice to terminate service—One month from daleof notice—Ordinance No. 33 of 1913—Ordinance No. 11 of 1965
A. motor launch driver may be regarded as a chauffeur, andOrdinance No. 11 of 1865 applied to him (Ordinance No. 28 of1912). He is, therefore, entitled to only one month’s notice fromthe day of issuing such notice. Where he was given notice onFebruary 11 and dismissed on March 11—
Held, that the notice was sufficient.
T TTP. facts appear from the judgment.
Croon-Da Brera, for defendants, appellants.
September 28, 1922. Ennis J.—
This is an action by a motor launch driver against his employerfor a month's wages for dismissal without notice, and anothermonth’s salary in lieu of notice.
The learned Judge has found that the plaintiff was given noticeon February 11, 1922, and was dismissed on March 11. Thelearned Judge has held that the notice was not adequate, and thatthe plaintiff is entitled to wages up to end of March. From thatdecision this appeal is taken.
If the plaintiff is regarded as a cneufFeur, the Ordinance No. 23of 1912 would apply to him, and that Ordinance says that Ordi-nance No. 11 of 1865 is to apply for all purposes to chauffeurs asif they were domestic servants.
I see no reason why the plaintiff in this case should not be regardedas a chauffeur, as it appears he is a driver of a motor launch. Thatbeing so, section 3 of Ordinance No. 11 of 1865 would apply to him,and he would be entitled to one month’s notice, i.e., notice of onemonth from the day of issuing such notice. The case of Bumsv. Munisamy1 decides this point. The plaintiff would be entitledto payment of one month’s wages.
It appears from the evidence of the witness Campbell thatwages up to March 11 were offered to the plaintiff, which he refusedto take, and the amount has been paid into Court.
In the circumstances the plaintiff would be entitled to succeedin this appeal.
1 accordingly set aside the decree, and enter judgment for theplaintiff for the sums paid in. The plaintiff to pay the appellants*costs in the Court below.
The appellants do not press for costs of appeal.
Set aside.
1988.
1 {1896) g N. L. B. 193.