BANK OFFICER REINSTATED

Dominion, Volume 14, Issue 220, 11 June 1921, Page 7

BANK OFFICER REINSTATED

BY ORDER OF ARBITRATION COURT JUDGE.

Henry Foord Rawson, formerly accountant of the Pitt Street branch of the Bank of New South Wales, was recently dismissed from that position because ho refused to take up the same position at the Dubbo branch of the bank, says the Sydney Rawson had been active in the interests of (he United Bank Officers’ Association, and tho latter, feeling that he had suffered because of that fact, applied to Judge Bolin, in the Arbitration Court, for Rawson’s reinstatement in his position at the Pitt Street branch. The hearing of tho case occupied some time, and His Honour on May .17 delivered reserved judgment. The Judge foupd, among other things, that Rawson’s connection with the formation of the association was the real, though indirect, cause of his ultimate dismissal. » The Court made an award, and ordered Rawson’s reinstatement in his old position as accountant at the Pitt Street branch.

His Honour's judgment was very lengthy, and included a .review of the history of the case anti tho bank’s direction to Rawson Io proceed to Dubbo. “The bank,” said His Honour, "undoubtedly had the legal right to direct if.a.wson to go to Dubbo, and he had no right to refuse to go.” The bank then had the right to dismiss Rawson on his refusal to go to Dubbo. His Honour found that Rawson was dismissed because of his refusal to go to Dubbo as directed?: "But I find, further," said the Judge, “that tho direction for his removal to Dubbo was brought about by the reports of the Pitt Street manager, Moxham, in June, 1919. I find that the statements in that report were false. I find that Hilder, the metropolitan inspector, did, in April, 1919, warn, and, in effect, threaten, Rawson that his connection with the formation of an association of bank clerks might get him into trouble. I find that Hilder’s ready acceptance of the June report and the very perfunctory inquiry as to Rawson's conduct made by Hilder from Moxham, coupled with the terms of a letter of July 4, show an intention by Hilder to carrj- out that threat.

"I find that the general manager was deceived by the June report, and that he acted indirectly on. that report. I find that Rawson’s connection with flie association was known to the general manager, and was known, io him and present to his mind at the time ho directed the removal to Dubbo. I find that the general manager and Alford, the ciilef inspector, concealed from Rawsoiy the charges made against, him by Moxham, the Pitt Street manager. "I find that tho conduct of nil the officers of the bank concerned in the removal of Rawson was of such a character as might have then raised, and may now reasonably raise, a strong suspicion in the minds of his fellow-employees that Rawson was being punished for his conduct in promoting tho association, and that the conduct of those officers does establish a precedent which the employees of the bank feci, nnd reafonabl?" feel, is prejudicial to them : and I find that Rawson’s connection with tho formation of tho association was, in fact, the real, though indirect, cause of his ultimate dismissal.

"In view of tho above facts, the Court will make an award, and order Rawson’s reinstatement in his position in tho bank’s service.”

Mr.. Cantor asked that the urea of tho award be New South Wales, and its duration six months. His Honour agreed to this.

Mr. Cantor pointed out that he suggested six months, as the Act required some period. Mr. Campbell asked that reinstatement should be. to tho position of accountant at Dubbo, as that; was Rawson’s status at the lime of dismissal.

Mr. Cantor opposed , this view, and asked that. Rawson be reinstated to the position of accountant nt the Pitt Street blanch.

His Honour made this order. Mr. Cantor (instructed by Messrs. Coghlan and Company) appealed for the flnited Bank Officers’ Association: and Mr. Campbell, K.C., and Mr. Bavin (inslrusted by Messrs. Allen, Allen, and Heinsley) for the respondent.

Mr. Campbell indicated that the bank would bo advised to teat His llonoiif’s decision. ami he asked that the Court should not make any order that would cause embarrassment In the proceedings! contemplated.