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Man to compensate truck driver for work

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Lennox Sutherland, a truck driver of North Union, is claiming compensation from Asbert Castello, who employed him as a driver, but never paid him.

The hearing took place at the Calliaqua District Court under the supervision of Chief Magistrate Simone Churaman. The Court heard that on October 3, 2003, Sutherland was employed by Castello to work for him as a driver in Canouan on the CCA project. {{more}}The truck T-3395 is heavy duty ten-loader truck. Sutherland said that Castello entered into a contract with him to pay him $80 per day and he worked for 16 out of the 20-day period that the truck spent on that Grenadine Island.

Castello in his defence told the court that his refusal to compensate Sutherland is due to the fact that Sutherland caused him to lose money, because he “damage my vehicle, damaging my defential”.

The Attorney representing Castello, Jaundey Martin, said that it was due to negligence and reckless driving by Sutherland which caused the vehicle to develop mechanical problems.

Sutherland’s Attorney Stephen Williams, in defence of his client said that his client carried out the instructions of his employer by not touching a button to lock the deferential which over time caused mechanical problems and hence cut short the contract.

Castello presented an estimate of damage done to his truck, but the Chief Magistrate did not accept them, arguing that Castello is not qualified as a mechanic to so do. Castello also testified to the court that he did not enter into any agreement with Sutherland, an issue which sounded strange to Attorney Stephen Williams. Williams said that “if anyone is to employ me I must first enter into some form of contract with them”, and he feels that his client is not a mad man to leave the mainland and journey to the Grenadines without knowing how much he would be paid.

The Chief Magistrate in passing sentence agreed that Sutherland had entered into some form of contract and should be compensated for his work.

Castello must compensate Sutherland $1,380, inclusive of legal fees by 12 p.m. on June 7. 2005.



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