TEACHER'S APPEAL

Dominion, Volume 13, Issue 22, 21 October 1919, Page 3

TEACHER'S APPEAL

CASE OF HENRY LUKS

APPELLANT FAILS IN HIS 1 SUIT Resorvcd judgment was delivered in the Magistrate's Court yesterday by Messrs. W. G. Riddel), S.M., P. P. Webb, and tho Hon. J. G. W. Aitken, M.L.C., members of the Teachers' Court of Appeal, in tho appeal inado by Henry Luks ngainst tho Wellington Technical Education Board for alleged wrongful dismissal from tho position of chief electrical instructor at the Teehnica.l College at Wellington after three months' notice from Juno 1 last. At tho hearing it was contended on behalf of the appellant that during his employment in tho board's service he had performed his duties zealously, ' etiiciently, and successfully, and that thoro was no sufficient reason for his dismissal. In the statement of reply, tho board set out that tho appelant by his action in making a statement as to tho responsibility of tho .chairman, and members for the lack of full and proper equipment in connection with classes conducted by Iho appellant ; had caused serious personal embarrassment to tho chairman (Mr. G. Frost), and had brought the wholo board into ridicule; further, that the appellant's general conduct and ' demeanour had greatl'.y interfered with the work of tho school, and in particular that instead of trying to assist the acting-director in making the best of somewhat uncongenial but unavoidable conditions, ho had worried the acting-director with complaints about matters which he know to be irremediable in tho then circiunstajices. It was also contended that tho appellant was unable to adapt himself to the surroundings, and that at times he allowed his temper to get the better of hiin, which interfered with the smooth working of tho school. In the course of their judgment, the court pointed out that tho evidence disclosed that the attitude and conduct of the appellant towards the ncting-<lirector of _ tho board for a considerable time prior to the middle of May, 1919, led up to events which finally resulted in the determination of his engagement. .The chairman and other members of the board who were called.as witnesses stated that by reason of such conduct they had lost confidence in the appelant, tmd in the interests of the school it was necessary to legally dispense with his services. Tho board admitted that tho appellant's conduct was not such. as warranted a summary termination of his engagement. Alter careful consideration of-the evidence tendered in support of the respondent board's action,~'hs well as that tendered by the appellant, the majority of the court was of tho rpinion .that under tho particular circumstances tho board acted reasonably in finding that the appellant's conduct was such a,s interfered with the efficient administration of tho school, and that in the interests of the board it was proper to dispense with his services after three months' notice. ' Mr. Webb dissented from this finding, holding that the appellant's conduct called for severe censure, but did not warrant the termination of his engagement, although that was effected in a legal manner. Seeing that 'lie majority of the court agree*! that J;he board's action was reasonable,- the- appeai was dismissed with-costs'against the appellant amounting to ,£IG.