RIGHTS OF PROMOTION
A' CIVIL SERVICE DISPUTE
SOLICITOR-GENERAL'S OPINION ,
'} Jn_.May.'iast tho Public* Service Comgnissloner advertised several vacancies ttor account clerks in. the Publio Trust jOffico, and -that month the Public PJrastee selected two likely officers from ftna State Guaranteed Advances Department as suitable to fill'the positions, ftta permanent head' of the Departjtaeat, however, objected, and as his obJjeotioii stood in the way of the legitimate' promotion of officors the Public — ffinjstee considered best suited for the hvork,, thoPublio Service Association Book the'matter up. A letter was iijvritten to tho Publia Service Commisteiouer, In which, it was pointed out that Of a Departmental heaa were to b"e aliilowed to tato xro such an.attitude tho riwhole system or promotions wouldi be (rendered nugatory, and merit would * give,place to expediency. • Sailing to get a definite reply to its hotter, and seeing that the list of officers available for the position did not |jtnciudG those selected by. the Public [Crustee, it was decided to appeal. The appeal was not only; upheld, but the (Solicitor-General has given an important opinion <in the point, which will bo found to be of interest to the whole This opinion is aa fol- , 3oW£J—. - ■ J "Although tho Public Scrvioe Act is teilent on the.point, therewould: seem )to be no doubt that in making apipoinfiments it is the right and' duty of tho Commissioner and of the Board l of' (Appeal to take into consideration, not /merely tho interest® of the o!st»r oon,'pemea, but also tho , oompeting injierests, if any, of the Crown. It is. (no moro justifiable to -consider solely 'the interests of the officer to tho ex(elucion of those of the Crown than It (.would be to consider solely the interests ['of the Crown to the exclusion of those j<of the officer. It'is for the CommisJ'fikmer and the Board to havo due ro--to the nature and 1 roktive importbrace of these competing interests, to iweigh them in a ]ust balance, and to I'decido accordingly; Nevertheless, it , bould only bo in very exceptional. oir- • > cumstancee that' the interests of tho Crown oould be such as ;4o' justify a refusal to promote ftn- officer to a superior position for which he is in ovory ;way suitable, and for which ho is the Kbest qualified, candidate., Any .- tem- ' ferary inconvenience or loss which, may /be caused to the Crown by such an appointment, will usually be of little-, imr, .portanco compared with the hardship /which would otherwise bo inflicted upon :the officer concerned. Speaking gen- : 'orally an officer should be regarded as Entitled as of right to an appointment if he is suitable for it in respect of experience, ability, and character, and if Ke is the best or . the. applicants ,tliereiot. To retain him in an inferior posi- • Ition because lis. promotion will cause inconvenient in ihe Public Service would not in ordinary circumstances. juetißaWe. If any Department thinks 'it necessary to retain; an. officer in its service, the proper method i 3 to pay him as high a salary as he is worth in any other Department. If he : is not ■ receiving suoh a- salary his' promotion to' another Department could- hot' reasonably be objected to. -.-. The Board would be justified in requiring a strong, case of unavoidable public inoonvehienoe to be made out before depriving an .officer of any substantial promotion Ito which he would' be- otherwise entitled.—John W. Salmond, Solicitor- ! General."
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Dominion, Volume 10, Issue 2913, 27 October 1916, Page 7
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564RIGHTS OF PROMOTION Dominion, Volume 10, Issue 2913, 27 October 1916, Page 7
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