SUPREME COURT.

Dominion, Volume 3, Issue 670, 22 November 1909, Page 11

SUPREME COURT.

DISMISSAL OF A HUTT TEACHER. I HIS nfGHTS I)ECI£'GEI. -■ - An nctioafwn9 liefird by Mr. i Justice Chap-1 ■ man .in Ctnim'hcr? on ' l^riday,. Soptimbcr- 24, in/which Johiv- Lyno, .tcncher. at i ;,v ;,;ESjifw*iHutt i! :l)istnct High School, sought :to | VMObtainivan);^iribirini/injunction restraining tho , from .dismiasinc I ; ;him. frdm tho'school. ; : . - i • ■; Mr.- M. Ohopmnn, K. 0.,, appeared. for, tlio plaintiff, Unci ' Mr. ;A;. do 13. l)randon.for-.tho •Hducation Board. /.Judgment was-delivered -on Saturday..niorn.VAinfrv.Hjs Honour reviowed tho-. facts of tho .case, as- presented .to him:■ Lyne-wts absent frotn. his 'duties on ' April 5, as 1 ho .alleged, v J/ttrfpiigh ill-htnlth ; . ';.He i senV tho/ keys the •«toTto© : ''headnrtJster,"'-*'W , ilK mesfiaSo> stating the . reason for his absenco; Ho . .Was. ! again .'absent : oil:' part .;: of -, tho• following i -/day;;,\aftor ' itellingiVthe . headmastor.;, that,-: he. -v. was still, unwellj-and would not return in the . oftoriioon'if not better.•• On, that -evening, two ■ members of ; the School Gomraittee purported to :-v suspend him, and, on April 13,: removed the ■ . BUfipension. On April 11, he attended to ro- // snine/ his/ duties,ybut/wiis;' told -'.by 'tlie ,licad• ,;{, : ,:ttastor.that.';l^6;;.'c6uld'■not_ i do::so 1 was. .a-.-; relieving'teacher in-his place. On April t,..v IS,*»tho hoard- -wrote to - hiroy. directing him >•/" duties /19th; :v-Ho /then; resumed, and had .continued to .porform his duties downvto,-the date"of- tho- 1 a?lionj Sep- ' tember IG. On;-the etvening of- ./teiljjlD, ho • 1 Bare the committee ail ;explanatioli _j3f his. con-' duct.:; He tondered - of. the mesrcom'mitteo,/ he ;■/," alleged, declined :to hoar this evidence, and •s ; also . declined .to . fortnulato charges against " •him.'.v- As to ; this,' it had been.,.admitted nt .■ thd.;hearing that tho sanding of a verbal - ■ message by -a- messenger was not a proper . proceeding, and it was ovident that no charges i. ; need - be m&do . when tho -solo question was <; whether Lyno had properly explained what he / alone could explain—the: circumstances '..at--tending: his absonco on April 5. A new com- ;. • imtteo was elected; on - April': 2G,- and. it was / alleged that , this committee did not see tho <: . correspondence and: evidenco.;. On; Apnl ,30, the :■■■: board .wrote/requesting -Lyno- to resign, and he . wrote; twice/asxing .tho. board to furnish par-,-.vHoniara-.of-!tho" charges , against- him. - These . , particulars u wpro not supplied on June :..v-.-l7» i.'i A s 6ub'-com'mittee:/ of , the - board,'- prorepresenting': iithat ; ;,-bbdyf /: met / and - conferred with tho School . Committee,; all -of.'whoso members wero present. 'They : : '.v Correspondence between-the board and tho committee showed that, on June-10, a letter ■ j.Vas.; written containing the -following -.J'Tha.-, reporti-.of; your..committee of aii ■ inquiry held into tho reasons for -tho .. . of - Mr.- C. ; .J. Lyne -from-' school - . ..;duty.. .was, before .tho board. at : its 'April .''. -• ': meeting. .It-was at. that . mcefing decided ; • : to; afford, Mr. Lyno an, opportunity; of ton- .' : ; i:?? rin : resignatioh//lt/the/ May meet--: • /ins-the matter' was again,: before 1 the board, -decided to. consult.your com-' mitteo as to tho desirability or otherwise; / of- terminating Mr. Lyne's engagement;"- • ,;.A'dato for tlio'conferonco iwas then fixed, to bevheld in the Hutt school. On Juno 18, tho ,; committee wrote- to . inform .; tho board! ■ that/ a. at,a,.meeting lield subsequently to the coni, forencp,; tho committce.-haa' passed- tho following resolution — , "That this committee has no recom- ./ . mendation .to make >"as ,to' thematter of Mr. Lyne's position in High , bohodl, excopt .to refer, tho,Education Board ; ■ -~to.:.tlie correspondence and 'evidence olf tho ; ■■■ wqliiry hold by- the ■ committco at tho ro- .: of-the -board;"- addingi "Tho J mean- ; 01 this resolution:is-that my committed - v : nothiag-furttfer'^iii the mat- '/ .tor, and that independent action, if any, ' i.-musfc be talcen by the-'board," ».■ , Tl\e, : action-, taken; by tho board ; was to pass , a vtteolution, dismissing plaintiff,; whioh '-was .... commurucated by letter on June 29. Consider-' ing this correspondence in donjnnction with tu6. : uato of the elOcfcion' of this-:committee,' ;-fflU3t,bo seen, continued ; . the ;■ Judge, that it had every opportunity of knowing, and pre- - • BUfflaWy did knowj tho nature of. tho ovidcnco • nothing t'o fshow wat,.the new-. c'oihmitteb :#ai , 'a'aed'''to''V!^6 , 'on- ; :dence. falsifying that which thoy had among tho.records of,tho old-committee. ', Xhe, first ground of objection, to the -board's ;• \vas . that coromitteQ wluch ■ tnet ; .- .tho board s was:improperly sum- ' ' 5nSJ?° - Section ■ 129 of-; tlio Education Act, IJCB, rcqmred, ; that- : no; rGcommcndatioii co:\- ' ■ ceMing ythe appointment, supervision, or dis-' 1 v.-.-^ais^al of a teacher .shall;,;bo; considered inn- ;> •: ,'three ■ oloar . days', notice in writing had 1 £9? n ,'Bjjen to each, member of - the committee. •' iAi' ii ffeT . er ' *M-ajrlieni-tlie committeo: was . tafcing_clio initiative. It would bo i a serious , thing- it tho validity,-, of. a teacher's appointi could bo_ .challenged at a remoto date on v tue-ground of non-comphanco with this provision. 1 1 y - 0 claimed • to ;-have : acted tinder second sentenco :ofSection. 55; ./What. the • E t 6l i n .j required was that tho board .. , I stI P?"H, J ' IB W i a bon'a'^-fide" consultation with' the committco without which it could not act. ■ act .on tho committeeV vje-vs.. It indeed, set them e.sule, but it must lis■;'fea to and, consider, them,. Horo, all tho mcml" .bers Apt -the ■ committeeattended. ■: The. corre;j Bpondenco showed that.- thoy; understood tho 'hat they mado no complaint of the- - ■ •, v*-? *(hieh .they, were -.summoned,: and.- that they deuded to feayo tho board to continue its,-initiative, , ,Tho:: action of-the i board -.was ' and it was not asked to give the com- • . "I'xr 0 ' m| e, or- to treat the assembling Whdlo com- < ?, ~ evidently concurred in what was done /--s-.v.Jf-yti'S 1 ;?! 1 ? 0 *!•■-■fi'id--tasked 1 the' Court to go fuv-' ■■ ■ a ' a right of appeal, Sw? , 1 i sole righti Ills Honour ■ rJd uot think that this could'bo so. ./i'hat a teacher had a right of appeal of the kind given by the Act, howe-.er irregular tho dismissal, Jas clear from Sectipa' 214 Ho was " deemed P ur POSM of ..an', ap.r cyDn_:if tho ; <ti3missal : legally in- ; S not follow that- ho was con- , ,1° A Tcr ?? iy / ns ho <M not acqmro an tinrcstricted right of appeal, >ut only a quali%d right subject to tho consent of a society ; registered under Part Vm of tho Act m'. s .r;ght ,_to .como. to the. Supremo Court 'for c aso i :;as',i'ecognised' ■:. i n .WilkinEoa y, .thp, Lducation -Board of-Otago, >. ...was. not. taken aw;ay.,His Honour did not think v.:-',j r^y^O/ 1 had. inade:-out/a':'cas6. of-: breach" of ;v '- ?n 0r wcTOlanfy ajoiding;; the: action:%i -f, ,:.th e^ ,ll.oo;^.^■ rho.ijntonm-JJnjunctioh "granted' • . would theroforo.bo dissolved.. , ' t>"»u>.u :c 9 nn^P^ i/might decide, whether ' .v ' should end tho. matter. Ps^ la i;thp s 'caso -should -bo. ■ ■ ; Aue, settlement was.-doferr^ NON-BEQISTRATION OP IfOETGACSE. :.:-i. . c ° so of, Bevan versus - tho District land Eogistrar at Wellington, Mr. Justice •. Chapman gaTo,;judgmcht-pii/Saturday.'-Mho Registrar had been .called upon by originating gnmnds for-:hfi ; ?ra^- r ? P6^:«teago ; of.:certain ; Na, tive lands in tho Wellington district'. The Court had to eontider questions as to tho powers of trusiees under tho Maori Real Estato. Management Acts, and as to whether Maori land boards had power to'approve of mortgages oti Nativo lands. Mr. M. Luckic appeared for Bevan, and Mr W. Chapman, K.C., for the Itegistrar. (lsm and his Honour -ordered that ; ;the^eo3ts:of.both iparties -should be paid out of tho fund. <wmm " : \:\''C-7.? r Y r.rN'.yV.