APPEAL BY TEACHER

Wairarapa Times-Age, 6 May 1941, Page 5

APPEAL BY TEACHER

AGAINST DISMISSAL. REFUSAL TO SALUTE FLAG. IBy Telegraph—Press Association.) WAIHI. May 5. Holding that she had not been guilty of “gross misbehaviour" within the meaning of section 4 of the Education Amendment Act, 1932-33, and that the Auckland Education Board had had no right peremptorily to dismiss her from her employment at Waikino School because she had refused to salute the flag, Louisa Grace Kennedy, teacher, of Auckland, sought redress from the Teachers’ Court of Appeal at a sitting in Waihi today. Mr W. H. Freeman, S.M., is presiding, and associated with him are Messrs W. W. Hill (Auckland) and H. L. Boughton (Waihi)., Mr G. R. Ashbridge (Wellington) appears for the Educational Institute, and the secretary, Mr D. W. Dunlop, for the Auckland Education Board.

Applicant submitted that the instruction to salute the flag was not a lawful command given in relation to her duties as a teacher and therefore could not even be a ground for suspension, still less for dismissal. She claimed that she was a thoroughly loyal British subject and had every respect for the British flag and for the principles which it represented. She said she had endeavoured to inculcate in her pupils loyalty to the King, respect for the flag, and pride in the privilege of being British subjects, and in the achievements of the British Empire. The record of these lessons was contained in her school work-books.

Appellant further claimed that her refusal to salute the flag did not amount to and was not intended as disloyalty as alleged in the notice of dismissal. but was dictated solely by her conscientious objection on religious grounds to disobeying the Second Commandment and other Scriptural injunctions to the same effect. She was willing to show her respect for the flag by standing at a respectful attention during the ceremony of saluting it. She appealed without prejudice to her right to claim that the said purported dismissal was void and of no effect if the board had not complied with the provisions of section 72 (1) of the Education Act, 1914, by first consulting, the school committee on the question of dismissing her. and without prejudice to her right to take appropriate proceedings for the purpose of obtaining a declaration to that effect and to the effect that she therefore was still in the employment of the board, and a declaration that the Teachers' Court of Appeal had no jurisdiction in the matter. Mr Dunlop submitted that the refusal by Miss Kennedy to salute amounted Io misbehaviour and persistence in such refusal amounted to gross misbehaviour. Decision was reserved.