Appeal over grading

Press, Volume CXI, Issue 32568, 30 March 1971, Page 2

Appeal over grading

(N.Z. Press Awociation; WELLINGTON, March 29. Concern that a senior public servant was not represented by counsel in the hearing of a case stated . by the Public Service Appeal Board to the Supreme Court affecting his grading, was expressed by Mr Justice Roper today.

The case concerns Mr Gordon Donald Innes, chief vocational guidance officer

of the Education Department. His Honour adjourned the hearing until April 7 to enable negotiations for Mr Innes to be represented. Two questions are posed in the case stated for determination by the Court. The first is whether a classification and grading committee could recommend to the State Services Commission that an officer on the highest grade should be promoted to a higher grade in his occupational class than any previously existing. The second is whether, if r the State Services Commis- * sion declines such a recom-

mendation, the Public Service Appeal Board has jurisdiction to hear an appeal. His Honour told Mr Innes that legal argument was involved and that he would be better if represented. Mr Innes said he had no intention of proceeding against the board. He had engaged cousel to represent him before the Classification and Regrading Committee, and could not afford to engage him further. The Public Service Association had engaged counsel to represent him at the appeal board, but would not give him further assistance. His Honour asked Mr D. L. Mathieson, counsel for the State Services Commission, what would be the attitude of the commission to paying for counsel for Mr Innes. Mr Mathieson said the commission took the view that the appropriate body to finance counsel for Mr Innes was the P.S.A, and he was at a loss to understand why it had not done so. There were at least two other public service officers whose position was in all respects similar to that of Mr Innes, and the answer given by the Court would affect them, Mr Mathieson said. Mr Mathieson said he was prepared to present arguments that occurred to him that he thought would assist Mr Innes, although that would not be altogether satisfactory.