MR. WALTER DINNIE.

Taranaki Daily News, 20 November 1915, Page 8

MR. WALTER DINNIE.

OLAIM FOR COMPENSATION. ALLEGED WRONGFUL DISMISSAL. Wellington, Nov. 16. The Chief Justice to-day heard a case in which Walter Dinnie, ex-Commissioner of Police in Xew Zealand, sued the Crown for £5Ol damages for wrongful dismissal. Mr. E. G. Jellieoe appeared for the plaintiff and the Solicitor-General (Mr J. W. Salmond) for the Orown. Plaintiff's case was that on March 11. 1903, when he was employed as Chief Inspector of the Criminal Investigation 'Department in England, he entered the service of the New Zealand Government as Commissioner of Police. In December, 1909, when lie was a member contributing to the Public Service Supermmiation Fund, the Government decided to make certain changes in the Police Force which involved his retirement, and lie was offered the position of Inspector of Prisons by way of promotion. While that offer was under consideration, the Attorney-General (in consequence of the inspectorship having been already promised liy the Prime Minister) withdrew the offer, and plaintiff was granted six months' leave of absence on full pay, and relinquished the office of Commissioner. In 1910, on the representations of the Secretary of the Public Service Superannuation Board, plaintiff applied for and obtained payment of £93 18s 6d, the amount he had contributed to the Superannuation Fund. He contended that the refund was applied for and made under a mistake. Subsequently it was arranged between plaintiff and the Native Department that the amount should be refunded, but in June, 1914, the Government refused to permit the arrangement to be carried into effect. On June 30, 1910, the Native Minister transferred him from the Justice Department to the Xative Department, and appointed him president of the Tokerau District Maori Land Board. On March 30, 1914, the Government notified him that in consequence of recent legislation, another person had been appointed to the position of president of the Tokerau Maori Land Board, an<l on April 24, 1914, lie was informed by the Government that ho had been retired. He contended that lie had been retired without due notice, and for no reasonable or probable cause whatever, and that he had thereby been deprived of his rights under the Superannuation Act. In the course of his opening remarks, Mr. Jellieoe said that but for the conduct of the Crown Mr. Dinnie would, unless his appointment was regularly determined, have remained in the Public Service until he was 05. The case raised questions of great importance to the Public Service. Mr. Dinnie gave evidence in support of the application, and Mr. Salmond then raised a legal point that there was a break in supplicant's service between the time he resigned the Commissionership and the time he joined the Native Department. The latter appointment did not constitute a transfer. The court reserved judgment.