RAILWAY EMPLOYEE’S APPEAL TO BE GIVEN A POSITION

Grey River Argus, 28 September 1949, Page 7

RAILWAY EMPLOYEE’S APPEAL TO BE GIVEN A POSITION

P.A. WELLINGTON Sept. 27. A writ of mandamus was sought in the Supreme Court to-day against the general manager of New Zealand Railways. The plaintiff, Fred Howard Harris, a railway employee, sought an order commanding the manager to appoint him to a position for which he had appealed successfully.

Mr. J. R. Marshall appeared for the plaintiff and the Solictor-General Mr. H. E, Evans, K.C. for the defandant, Mr. Justice Hay presided. This morning’s proceedings were confined to hearing an application by the Crown to have another railways employee, George Mouton (represented by Mr. E. D. Blundell) joined as defendant.

The plaintiff claimed that he had applied for the newly-created position of wharf foieman, to which Mouton was appointed by the general manager of railways. The plaintiff iiad appealed successfully against Mouton’s appointment, but he claimed that the general manager had declined to act in the decision of the Appeal Board. The statement of defence claimed that the matter was not under the jurisdiction of the Railways Appeal Board. It was admitted that the appeal had been decided in faveur of Harris, but this, it was submitted, would have no legal effect.

Mr. Evans said Mouton had been appointed on transfer without promotion In this case, therefore he submitted, the plaintiff had no right of appeal. His Honour directed that Mouton should be heard by the Court and the hearing was adjourned to give Mr. Marshall time to prepare his case against Mouton.