ALLEGED ILLEGAL DISMISSAL.

Stratford Evening Post, Volume XXIX, Issue 87, 1 June 1911, Page 5

ALLEGED ILLEGAL DISMISSAL.

13y CUSTOMS OFFICE. q By Telegraph. —Tress Association. Wellington. Last Might. j An action against the Crown by , Arthur Broad It eyr. olds, late landing waiter for the Customs Department at j Auckland, for £3OOO damages for ( alleged wrongful dismissal, was com , menced this afternoon before His Honor V Air. Justice‘Sim and a ccir.ir.cn 3111,7 of twelve. The ease came before the court as a petition under the Grower Suits Act. 1 Air. B. T 5. Williams, with Air. C. IT. t Fell, appeared for Reynolds, and Air. J. j W. Salmond (Solictor-Genera!) and with • him Air. A. W. Blair for the Crown. j j Petitioner, in his statement of claim,; set forth that be had been in the public ; | service some twenty-six years, and that j ( at the time of his dismissal on December ! i 14th, 1009, he was in receipt of a salary | of £3OO per annum. On Juno Ist, 1000, i owing to ill-health, ho went to Auckland (allegedly without leave) under. I medical advice, and on June Kith he was ; suspended, and a letter was sent to him i ' from the Collector of Customs at Wei-j* linglon, .charging him with being ah- ;, sent from duty without leave, with in- i j sobriety, and with the disobedience ol , orders. \; A board of inquiry, consisting of , - Messrs. J. A. Hutton and W. Bowies, | , reported on his case in July, and as the ! • result of their report, petitioner was dis- | ■ missed from the public service on De- i comber 14Hi. Petitioner urged that the sitting of the Board was illegal and was not consonant with natural justice. In consequence of his dismissal, his health had | suffered and he had also lost his claim to compensation. For the defence it was denied that I the inquiry was void, but, on the con- j trary was a proper inquiry. It was aiso j contended That petitioner was guilty of j the charges made against him, and was i therefore rightfully dismissed from the ; service. As petitioner complained that he had not had a sufficient inquiry, the Government offered him a now inquiry which was refused. The case had not concluded when the court rose for the day.