A 16-year-old boy who took civil action against a stonemason whom he claimed failed to pay him for odd jobs he had done has been awarded ¤310 by District Court Judge David Anderson.
The Court heard that Owen Gerard Forker of 5 Radhrac Naomh Maguire, Annagry worked with Joseph Duffy of High Road, Annagry between June and December 2005.
In his evidence to the Court, the plaintiff explained to Judge Anderson that this was a casual working agreement at weekends and on the days when he had spare time. He said he was paid without difficulty throughout the summer months and then claimed that Mr Duffy suggested he would pay the wages into Forker's Post Office account.
He had kept a log of all the days he had worked for Duffy and the amount of money he was owed. Based on this log he told Judge Anderson that there was currently ¤1150 which had not been paid to him. He said the issue first arose around Christmas time 2005 when his mother, Jacqueline Forker, handed the log over to Mr Duffy. He said Mr Duffy came to his house and asked him if he had stolen a battery from the back of his van, and he said that he had not.
Under cross-examination, Mr Duffy's solicitor Ms Jacqui Sharkey put it to the plaintiff that his mother had actually approached Mr Duffy in the 'Cope' in Annagry and asked him for work in order to "keep you out of trouble". Ms Sharkey also said that the plaintiff was not working for Mr Duffy as an employee but rather just doing him a "wee turn here and there".
The first her client knew about outstanding wages was when he was sent a solicitor's letter on June 23, 2006. He replied that he had not contacted Mr Duffy since December 2005 because he knew that "he wasn't going to give me the money". Ms Sharkey also put it to him that his work record was incorrect. Ms Sharkey claimed that Forker had indeed stolen from Mr Duffy and that is why he left it to his mother to instigate proceedings. This was denied by the plaintiff.
Mrs Jacqueline Forker told Judge Anderson that she did ask Mr Duffy to give her son a job and didn't deny that "perhaps it would keep him out of trouble as he had begun to hang around with the wrong crowd". She added: "Owen Gerard was getting bullied by a number of boys in Annagry. At that time he was a normal 15-year-old getting up to mischief. He was not really in trouble but he was hanging around a lot."
Mrs Forker also told the Court that when she presented Mr Duffy with her son's work log of payments owed to him he told her that her son had stolen ¤869-worth of tools from him. He then handed her a list of the stolen tools and offered her ¤300 to offset against the losses. Mrs Forker said that she would not take the money as it would be an admission that her son stole the tools.
At the end of January 2006, Mrs Forker said she received a phone call from Mr Duffy where he allegedly told her:"Your 'so-and-so' son just smashed my windows. Ring Sean McGlynn (the local undertaker)."
Mrs Forker said she then arranged to go to Duffy's the following Tuesday. When she went in Mr Duffy, according to Mrs Forker, apologised for threatening "to send (her) 15-year-old son home in a coffin."
Mrs Forker works in the local shop and on one occasion she met Mr Duffy and asked him to pay her son. He said he would when he finished the job he was working on. Ms Sharkey put it to her that it was unrealistic to suggest that her son had been working for four months without getting paid.
Joseph Duffy told Judge Anderson that he was a stonemason and in the second week of June 2005 Mrs Forker approached him and asked him to give her son a couple of hours work because he was hanging around with a gang. He said the boy would work from nine to twelve on a Saturday and earn 20 euro and he would also have his breakfast or dinner bought for him. He added that young Forker was not a very efficient worker, stating: "He would do what I told him to do, but not flat-out".
He paid the plantiff every three weeks until his tools began to go missing over three separate instances in September and October. The last time he paid was in November.
He reported the missing tools to gardai and alleged that neighbours saw him (Owen Forker) around the back of the van. He claimed the witnesses he had were too afraid to come before the Court.
Mr Cormac Hartnett, solicitor, put it to Mr Duffy that he concocted his own record of Owen Forker's work to come up with the figure of ¤310, which he claimed was all that was owed.
Judge Anderson concluded that he was stuck with a dilemma which was an unusual occurrence for him in that he did not disbelieve either of the parties. He added that he had a particular issue with Owen Gerard Forker who did not come up with the idea to open a Post Office account. He also said he was not satisfied with the work log prepared by him. The Judge proceeded, however, to decree in favour of the plaintiff and award him ¤310.
Mr Duffy's counter-claim for the return of the stolen tools was dismissed.
