Appeal Against Decision For Cecil Holmes
1 WELLINGTON,. June 21.The hearing of an appeal against che decision of Mr. Justice Gresson, which reinstated Cecil William Holmes in -the Public Service, was commenced in the Court of Appeal, Wellington, today. The appellants are Richard "Mitchelson Campbell, George Thomas Bolt and Albert Henry O'Keefe, who are chairman and members of whe Public Service Commission. The resphndent, Holmes, was dismissed from the Pilblic -Service on . December 23 last after publieation '. o'f - photostat * copies 'of a letter allegedly written by Holmes to Mr. J. P. Lewin," president of the Pub:.ic Service Association. This letcer 'dealt with a stopwork meeting at the Governnrent Fiim Studios, Miramar, wher.e Holmes was employed. Holmes took action in the Supreme Court against the Public Service Comifnssion's decision to dismiss him and in a judgment given on May 13 Mr. Justice Gresson made an order restraining th.e Public Service Commission from continuing the annulment of the appointment of Holmes as an offfcer* or probationer in the Public Service. The judgment held that though Holmes was not a permanent officer of the Public Service, but still on probation, he nevertheless could not be dismissed because of his actions in relation to the stopwork meeting without being given an opportunity to deny or expiain the jh'arges against him. The outcome of the Holmes appeal will be of importance to many Public Servants still employed on a temporafy basis, as Mr. -Justice Gressoii's decision limits the right of the Public Service Commission to « dismiss a temporary employee without first giving him the right. to be heard in defence of his action. The Court comprises the Chief Justice/ -Sir Humphrey O'Leary, and Justices Finlay, Hutchison and Hay. Counsel for the appellants are the Soliqitor-Geheral, Mr. H. E, Evans, and with him Mr. A. E. Currie. For respondent, Mr. W. J. Sim, K.C., is appearing. With him is Mr. N. R. Taylor. >
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Chronicle (Levin), 21 June 1949, Page 4
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317Appeal Against Decision For Cecil Holmes Chronicle (Levin), 21 June 1949, Page 4
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