Appeal Against Dismissal By Harbour Board

Press, Volume CIX, Issue 31974, 29 April 1969, Page 30

Appeal Against Dismissal By Harbour Board

LVeu Zealand Press Association! WHANGAREL April 28. fhe former general manager of the Northland Harbour Board, Mr N. I). Cullen, gave evidence today under cross-examination in his appeal against his dismissal on October 25.

The hearing opened today before a board set up under section 45 of the Harbours Act, 1950. It comprises Mr H. Y. Gilliand, S.M., the chairman, Mr D. S. Beattie, Q.C., representing the employers, and Mr G. A. Eaddowes, representing the employees. Mr R K. Davidson. Q.C., with him Mr B. R. Boon, appears for Mr Cullen. Mr J. D. Gerrard appears for the Harbour Board. Mr Davidson said in his opening address that the appellant had been dismissed when he had only five years of service to go. and after 19 years service to harbour boards. He said there had been an attempt to dismiss Mr Cullen “at all costs" and not based on reason or justification. The position had arisen where the chairman of the board (Mr R. K. Trimmer) had threatened to resign and would not work with Mr Cullen. So Mr Cullen's attitude was, "How can 1 work with him?"! Audit Office Mr Davidson referred to a report of the Audit Office for the year ending September. 1967. which said payment of 58219 to the former general manager of the board, Mr N. A. Murphy, was being investigated as being possible grounds for surcharge. Mr Cullen gave evidence that until he took up his position with the board his relations with Mr Trimmer had been “very friendly and normal." Till the end of last May there had been minor matters on which he had not seen

"eye to eve" with Mr Trim-' mer. But as general manager he, had felt it necessary to make his position clear. Mr Cullen said he had not tried to prepare any sort of a case against Mr Trimmer after the letter threatening a surcharge from the AuditorGeneral. He had been trying to get all the facts to help the chairman and board members over a matter which had arisen months before he joined the board. Board Meeting Mr Cullen said he had no prior knowledge that Mr: Leary, Q.C. and Mr J. D Golightly were going to be admitted to the board's meeting on June 10, nor had he thought it strange that he had seen little of the chair man from the time the Auditor-General’s letter arrived until the meeting then. He said he learned from a memorandum sent out by the secretary that he was to give

Mr Leary or Mr Golightly all) the help he could. He thought it was to helpin an investigation into the threatened surcharge. Also, he thought it was an investigation into the actions of his treasurer, and as general; manager he was concerned to see that the treasurer was fairly investigated. Charge Denied It came as a surprise to learn that he himself was being investigated and he promptly denied, corrected or explained some of the!

!lcharges levelled at him by Mr Leary. i, Mr Cullen said he received . advice of the termination of: J his engagement a year after /he had started. ;[ He went to the Lyttelton I Harbour Board on a tempor-; , ary job which finished a week i ago. His house in Whangareii had been sold at a loss of about $lOOO and if he wanted i to take advantage of super- > annuation he would have to ‘ continue employment in local • bodies for more than five tlyears.