Judge rules worker wrongly suspended

Press, 20 December 1978, Page 2

Judge rules worker wrongly suspended

PA Wellington A Supreme Court judge yesterday ruled that a New Plymouth power station worker had been wrongfully suspended after refusing to work with natural gas. Mr Justice Barker ruled that Peter William Elston, a unit operator, had not refused to carry out his full duties, and was entitled to lost wages and allowances. His Honour said it was a case involving significant aspects of constitutional and administrative law. “In form it is a claim by one worker at the New Plymouth power station for a declaration that he was wrongfully suspended from his employment by the State Services Commission in February, 1976, and for his wages lost during the period of his allegedly unlawful suspension,” his Honour said. “However, it became apparent early in the hearing that this action was fostered by the Public Service Association on behalf of all electricity workers at the New Plymouth power station who had been impeded at

the same time as the plaintiff. “The case involves consideration of the powers of the commission, its relationship to the Minister of State Services, and the proper interpretation of a regulation empowering the commission to suspend Slate servants, which regulation has long been a source of concern to the association. “The power station at New Plymouth was initially designed to burn pulverised coal from the West Coast of the South Island. However, with the discovery of the Maui natural gas field in IS7O, a decision was made in principle that the. station burn natural gas. “The association therefore claimed a gas allowance of $416 per annum and ah extra 20 days leave as compensation for the added discomfort, strain, and hazard arising from the introduction of natural gas.” His Honour then dealt in detail with a history of the dispute and th-' explosion that occurred in the power house in July, 1976.

His Honour said he accepted the evidence of the then Minister of State Ser-

vices, Mr Gordon, that he did not give any direction to the commission to suspend the workers on the ground that they had banned the use of natural gas.

“The Minister is the one who, in his own words, ‘faces the cameras’. He is the person to whom not only the unions but also representatives of the news media turn for information,” his Honour said.

“The Minister is responsible to Parliament and ultimately to the electorate for the administration of the Public Service. Consequently, it is within the commission’s responsibility and clear duty to keep him fully informed on problems of industrial relation in the service.

“The 1 boundary between matters of policy and administration in respect of which the commission is responsible to the Minister, and matters relating to individual employees where the commission must act independently is sometimes, as here, a very fine one indeed,” his Honour said.

“Policy and administrative matters can often impinge on individual rights.”