LAW 418 ^T ITtHE law and the SERVANTTt ]
- iL^-iL
Coiitiiiiuii from pa^e 266, Pari 2 Illness— Breakages— Wages— Medical Attendance Illness— Grounds for Discharge HThe temporary illness of a servant does ^ not rescind the contract and justify dismissal, unless there is an express agreement to that effect, and it may be stated shortly that it is only the permanent illness of a domestic servant which would justify his discharge. The engagement of a waiter for a banquet which he was unable to attend, owing to a temporary indisposition, and the illness of an actress on the night of the performance, would justify the engagement of others to replace them, because in each instance the purpose for which they were engaged goes to the very essence of the contract. Deduction for Breakages A mistress is not, as popularly supposed, entitled to keep back out of the servant's wages the value of things lost or broken by the servant, unless there is a distinct agree- ment between them to that effect. Extra Work In the absence of an express agreement, a servant is not entitled to extra remunera- tion beyond his ordinary wages for any extra work or duty he is called on to perform, unless such extra work or duty is clearly out- side thai for which he was engaged, as, for example, if an indoor servant is called upon at harvest time to assist in getting in the hay. IJnifurm A uniform or suit of clothes supplied to the servant to wear while in service is prima facie the property of the master or mistress, and the servant, on leaving, is not entitled to take them away, unless there is an arrange- ment to that effect. In the case of male domestics, the contract often stipulates for suits of clothes as well as wages, and in such cases the servant is entitled to the clothes when leaving. Wages A servant temporarily incapacitated is entitled to his wages during his enforced absence. This has always been the case, and now, if the absence was due to an accident or to some infectious disorder, the servant would be entitled to compensation under the Employer's Liabihtv Acts. Domestic servants are entitled to wages up to the day of dismissal. Properlv speaking, receipts should be taken for the payment of wages, but when a servant has left a situation for some time without making any complaint or application for the non-payment of wages, It will be presumed that they have been paid. Claims for wages are barred after six years. Advances A master or mistress who makes an advance to young servants on account of their wages must see that the money is properly expended, or they may find them- selves liable to pay it over again. A master who advanced money to a young female domestic, who spent it in buying a silk dress, lace, and other articles to the value of £(i, was not allowed to set off against her claim for wages the money paid, except that part of it which went in the purchase of necessary articles of attire. Medical Attendance It is the duty of the parish authorities to supply a domestic servant with proper medical attention, for which they are not entitled to recover the cost from the employer. If a master calls in his own medical attendant to attend his servant who is ill, he is respon- sible for the payment for the medicines and attendance, and is not entitled to deduct the amount of the same from his servant's wages. In the case of an adult servant, it would be the duty of the master not to neglect him in illness, and to give notice to the parish authorities through their medical officer; but, apart from contract, he is not legally bound to provide medical attendance for his servant. In the case of young servants, however, to which the master or mistress may be said to stand in the relation of parent, the necessary food, clothing, medical aid, and lodging must be provided. Chastisement of Servants There is little doubt that the chastisement, however mild, of an adult servant by a master or mistress would not be tolerated. Whether a master is justified in inflicting corporal punishment on a young servant it is difficult to say ; it might be urged that the master stood in the relation of a parent towards the child, or that he had the parents' authority for doing so. An upper servant, however, has no right to chastise a lower one. ^ Enticing Away Servants ■ To entice away a servant from his service, by the promise of better wages and so forth, before his time has expired is an injury to his master, for which he has a right of action for the loss occasioned him by the deprivation of the services of his servant. But it is not actionable to per- suade a servant to leave at the end of his time, although the servant may have had no intention of quitting his master's service at the time when the proposal was made. Rights of the Master ' For breach of contract, expressed or j implied, and for wanton damage, the master has the same rights and remedies against his i servant as he would have against any other person. ■ 7o be continued. '■
