APPEAL UPHELD.

Press, Volume LXVI, Issue 20106, 9 December 1930, Page 4

APPEAL UPHELD.

MOTORMAN WRONGLY DISMISSED. TRAMWAY APPEAL BOARD'S DECISION. ■ An appeal by a motorman until recently employed by the Christchurch Tramway Board, against his dismissal from the service following a trouble between two employees of the Board, was heard before the Tramway Appeal Board yesterday, when Bobert Sullivan S'ourtney was the appellant. Mr H. A. Young, S.M., Mr W. Hayward (Tramway Board's representative"), and Mr J. A. Webb (employees' representative) comprised the Board. Mr W. J. Hunter appeared for Courtney, and Mr J. D. Hutchison for the Tramway Board. » Mr Hunter said that the appeal was one against dismissal by the general manager following an argument between Courtney and Motorman John "Wilson on October 28th, 1930. Courtney had been five years and seven months in the employment of the Board, and Lad a wife and six children. 9 he occurrence took place while the men were off duty, words having been used, and Courtney having struck Wilson. Both men had lost their tempers; one had been dismissed and the <»ther had not. About 20 men had been.

in the shed at the time. Wilson had admitted that words used bj? Courtney had not been addressed to anyone in particular, and had followed Courtney round lecturing him on the use of a certain word. Both had become angry and Courtney had struck Wilson. An enquiry had been held, and as a result Courtney had been dismissed. Mr Hunter submitted that the dismissal was a serious injustice to Courtney, as he had acted under provocation. Appellant' 3 Evidence. Courtney, giving evidence, said that after coming off duty on October 28th he had gone to read the daiJy roster, and heard someone say "What a man has been in his younger days, he shows in his older life." Witness, speaking jocularly, and not knowing who had spoken the words, said: "That is why there are so many old on this job." He had addressed his remarks to no ono in particular. Wilson had reprimanded witness, on his language, witness replying that he would not be dictated to. Witness walked about 12 to 15 feet away, Wilson following him and keeping the argument going. Witness again moved off, Wilson following him again. Witness had hia back turned to Wilson, but the latter tapped him on the shoulder and turned him round. Witness told Wilson that the latter was trying to show witness up following an occurrence of some time ago, when Wilson had turned down a subscription list which witness held for an injured conductor. Wilson showed a sudden temper, saying that he would not be dictated to by witness. Upon Wilson's using a phrase to vitneas, witness struck him, and as

did so, realised what he was doing and tried to hold the blow back, but struck him a glancing blow on the face. As a consequence, Wilson went to the traffic manager, and witness was suspended. Mr Hunter called Motorman J. A. Horsfall, Motorman M. P. Donnelly, and Conductor E. V. W. Crouch, who bore out the evidence given by Courtney aa to the circumstances of the incident and the words -used both by Courtney and Wilson. "An Inference to Wilson." Mr Hutchison said that tliere would be a certain amount of discrepancy between the witnesses, but It would appear tolerably clear that there was an inference to Wilson in the words used by Courtney. Wilson was a man of strict principles, which were known to the men working with him. Twice during his employment Courtney had been warned that he was considered temperamentally imsuited to the position he held. The decision of the general manager lind been influenced to a slight degree by the previous record of Courtney, and it had been mentioned that Courtney should take a position on the permanent way, where the work would be more suitable to him. Motorman if. B. C. Scott, called by Mr Hutchison, said that the words used by Wilson immediately prior to Courtney's striking him were milder than Courtney and other witnesses had said. Motorman John Wilson said that he was of the opinion that the words used by Courtney were addressed to him, and witness dißputed. the claim that the

expression was made in a jocular manner. Witness considered that he had a right to administer a public rebuke to Courtney after tho language he had used. William Dick, traffic manager to the Christehureli Tramway Board, gave evidence of Courtney's record during the time he had been employed by the Board. Appeal Upheld. "The Board is unanimous in upholding the appeal," said Mr Young, after a retirement, "and we order Courtney to be reinstated as from to-morrow iu his former position. We also agree that disapproval of his action must be expressed, although there was a good deal of provocation. lie will forfeit his pay for the period of liis suspension.' '