MANPOWER APPEALS

Press, Volume LXXX, Issue 24369, 22 September 1944, Page 4

MANPOWER APPEALS

PRE WAR LEGISLATION OVERRIDEN

CONVICTED PERSON TO BE REINSTATED

(From Our Parliamentary Reporter.) - WELLINGTON, September 20. Employers and employees are obliged to comply with" the decision of a manpower appeal committee, although it may override the provisions of existing pre-war legislation. This was made clear by the Minister of Railways (the Hon. R. Semple) in the House of Representatives when he replied to an urgent question by Mr G. H. Mackley (Opposition, Masterton). The Minister reterred to sub-section four of section three of the Emergency Regulations Act, 1939, which provided that any emergency regulations should have effect, notwithstanding anything inconsistent therewith contained in any other act. Mr Mackley asked the Minister whether the Government had considered the recent decision of the Wellington Manpower Committee on an appeal by the general manager of railways (Mr J. Sawers) against the direction of the district manpower officer to reinstate in his former position a member of the service dismissed by the Minister after being convicted of theft and receiving stolen goods. Mr Mackley asked also whether in view of the Minister’s decision to uphold the direction of the manpower officer against the appeal of the general manager the Government intended to amend the manpower regulations with a view to vesting authority of this kind, which was of such widespread importance to the integrity of the service, solely in the hands of a judicial tribunal. In a note to his question, Mr Mackley said the Government Railways Act arid regulations prohibited the appointment to the service, or reinstatement therein after dismissal, of any person convicted of theft.

Mr Semple replied that the man concerned was convicted in the Magistrate’s Court, Napier, on tw,o charges and placed on probation for 12 months. In accordance with the Industrial Manpower Regulations, he was suspended and the circumstances reported to the district manpower officer, who declined to approve of the termination of the engagement and directed Jie man to be reinstated in the department. The Minister added that, he was advised of the position and approved of. this man’s dismissal. The Railway Department appealed against the decision of the district manpower officer, Napier, to direct the man back to railway employment. The case was heard before the manpower appeal committee, and the appjeal of the Railway Department was disallowed. Sub-section four of section three of the Emergency Regulations Act, 1939, provided that any emergency regulations should have effect, notwithstanding anything inconsistent therewith contained in any other act. The effect of this was to override the provisions of the Government Railways Act. 1926. and the regulations made under that act. In these circumstances the department had no option but to comply with the decision of the manpower appeal committee, which was final and binding on, both employer and employee. .... x . Mr Semple said it was his intention to discuss this matter with his colleagues.

FURTHER MENTION IN THE HOUSE

MR FRASER EXPRESSES PERTURBATION

(From Our Parliamentary Reporter.) WELLINGTON, September 21.

Personal interest in the case where a man dismissed from the railway service because he had been convicted of theft had been reinstated on the decision of an industrial manpower committee was expressed by the Prime Minister (the Rt. .Hon, P. Fraser), when the subject was raised by Mr G. H. Mackley (Opposition, Masterlon) in the House of Representatives on the National Service vote this evening. Mr Fraser said he had been perturbed when he had read the repprt in the newspapers, but he was suspending his opiniipn until he had examined the facts and’ understood the question. Mr Fraser said he was not going to minimise the importance of the matter, or the importance of honesty, particularly in a public service. Small or great, whether it was the theft of wood or of a railway carriage, they could not have dishonesty in the service. However, he could hot yet express an opinion whether this was only a tech-