PROBATION SYSTEM PROBED BY JUDGE IN HOLMES APPEAL

Gisborne Herald, Volume LXXVI, Issue 22915, 6 April 1949, Page 8

PROBATION SYSTEM PROBED BY JUDGE IN HOLMES APPEAL

(P.A.) WELLINGTON, April 5. "What do you say as to the effect of promoting a person to a higher office at the time when the probationary period has elapsed, even if, in fact, there has been no actual act taking him out of his probation?" asked Mr. Justice Gresson, when the hearing of Ihe appeal by Cecil William Holmes, a director of the national film unit, against his dismissal from the public service was continued in the Supreme Court today. Mr. A. E. Currie (for the Public Service Commissioners): i submit that promotion does not end the period of probation and because in this case the regulation period of two years had elapsed, the effect was that Holmes became qualified for promotion. Probation. after all, is simoly an epithet to describe a period during which he would not be considered for confirmation. Not Easy to Demand His Honour: On your assumption a man could remain on probation for year offer year, advancing from office to office, but still on probation because he' had never been taken out of it? Mr. Currie: In practice that would not happen because a man would raise the question as to why his probation had not been confirmed and whether he had been reported on favourably or unfavourably He would say "I want my position confirmed."

His Honour: It is not easy for a probationer to demand confirmation. Mr. Currie: It is perfectly easy and the Public Service Commission has the onus of seeing that probation is regularised. There is an instruction that senior officers shall be prompt in sending in their reports at the end of proDationnry periods. His Honour; It was not done? Mr. Currie: No.

At this stage counsel for Holmes (Mr. W. J. Sim. K.C.) produced a letter not meluded in the exhibits at yesterday’s hearing which he described as a commendation of Holmes and a recommendation by the film unit for his ap pointment as a unit director. Decision Reserved

“Does the act of promoting a man who qualified to be taken out of probation actually terminate his probation?” asked His Honour.

Mr. Currie -replied that the point should not be raised as such because confirmation in a position for the purposes of the relevant sections of the Public Service Act, 1927, was a different matter.

His Honour: You say that until there is some formal act terminating probation a man just goes on in probation even in a higher officeMr. Currie: Yes. Confirmation as a member of the public service depends on many more intangibles than suitability for a position. In spite of all that has been done in attempts to discredit the public service it still remains a body of men who are highly responsible. To His Honour, Mr. Currie agreed that much more circumspection was necessary to confirm a man in the permanent staff than to confirm him in office.

Following further legal submissions by Mr. Sim His Honour reserved his decision.