Job suspension defended

Press, 18 May 1984, Page 4

Job suspension defended

PA Wellington The Secretary for Justice was aware of a serious situation at the Christchurch probation office concerning a senior probation officer, Kenneth Alfred George Birss, the Court of Appeal was told yesterday. The Secretary believed it was essential that Mr Birss be removed from that office as soon as possible, said the Crown counsel, Mr Ross Elliott.

Mr Birss is appealing against a judgment of Mr Justice Holland in declining to hold that his suspension from employment at the Christchurch probation

office was invalid. Stanley James Callahan, the Secretary for Justice, is the respondent. The Court comprises Mr Justice Richardson, presiding, Mr Justice McMullin, and Sir Thaddeus McCarthy. Judgment was reserved by the Court. Mr Ted Thomas, Q.C., counsel for Mr Birss, told the Court that at a meeting with the Secretary for Justice, Mr Birss was given a notice under section 58 of the State Services Act making various charges against him, including an allegation that he provided “New Zealand Truth” newspaper with

information about the Christchurch probation office.

For the Secretary for Justice, Mr Elliott said yesterday the charges against Mr Birss came after publication of edited findings of an inquiry into the management and conduct of the Christchurch probation office, constituted by the State Services Commission under section 15 of the State Services Act. Mr Elliott submitted that in all the circumstances of the case, the Secretary for Justice acted fairly toward Mr Birss in the exercise of the power of suspension.