1939 Present: Soertsz A. C. J.

VAITILINGAM v. VOLKART BROS.

7-C. R. Colombo, 44,357.

Defamation-Master and servant-Servant a member of Mercantile Union- Intercession by President of Union on behalf of servant-Letter from master-Privilege.

The plaintiff, whose services were discontinued by his employers, the defendants, was a member of the Mercantile Union and he prevailed upon the President of the Union to intercede on his behalf with the defendants. The Mercantile Union was a member of the Trade Union Congress between whom and the Employers' Federation there was a pact by virtue of which it was possible for disputes and differences arising between them to be investigated and settled.

The President of the Union, who was also President of the Trade Union Congress, addressed certain requests to the defendants to which they replied in a communication addressed to the Secretary of the Trade Union Congress.

Held, that the communications of the defendant were made on a privileged occasion.

Negligence in making defamatory statements on a privileged occasion is not actionable.

APPEAL from a judgment of the Commissioner of Requests