EDUCATION CONTROL.

New Zealand Herald, Volume LXVII, Issue 20599, 25 June 1930, Page 14

EDUCATION CONTROL.

tPOWEBS BY REGULATIONS.

'AtTACK IN: SUPREME COURT.

ALLEGATIONS OF UNFAIRNESS.

{TEACHERS' SALARIES INVOLVED

■An attack on tho Education Department and the powers assumed under certain of its regulations was mado by Mr. A. H. Johnstone in tho Supremo Court yesterday. One of the clauses which he tingled out for. criticism as purporting to over-ride an Act of Parliament reads: "No regulation under this section shall be invalid because it deals with any matter provided for in the principal Act or is contrary to tho provisions of that Act." Tho case, which was heard by Mr. Justice Smith, was one in which a declaratory judgment was sought on behalf of Alfred Richard Merringlon, lato headmaster- of To Aroha District. High School (Mr. Johnstone), declaring that lie was entitled to be paid by the Auckland Education Board (Mr. Towle) at a salary higher than lie was actually receiving. The Court was asked to determine (1) what commencing salary Mr. Merrington was entitled to after his appointment at To Aroha; and (2) whether he was bound to agreo to the submission of this question to the Minister of Education and whether he was bound by the Minister's decision. v - Attitude ot the Crown. ' Mr. Towle said the Crown agreed to bo bound by the finding of the Court, whatever that might be,

•' Mr. Johnstone said this was an originating summons for the interpretation of certain regulations purporting lo be made linder the provisions of the Education Act,/ 1914, and its amendments. The

Education Department, if it could prevail upon the Governor-General-in-Council, might actually disregard the statute. Fortunately, the Courts still existed and the rules of law relating to tho interpretation of documents were not changed. Some of the regulations, upon the face of tliem, were hopelessly bad and ultra vireS, continued counsel. One clause provided, "If any dispute or difficulty arises respecting the meaning or effect of any clause or regulation named in the preamble such dispute or difficulty shall bo submitted to the Minister, whose decision thereon shall be final and conclusive." : //.. Seduction Made in Salary.

i Mr. Merrington's career had been a quite meritorious one and he had been making his way upwards in his chosen profession. lie had been in 1927 sufficiently long headmaster of the Hikurangi

Primary School to havo earned a position salary of £405 and grading allowance of £6O. In June, 1927, Mr. Merrington applied for tho position of head teacher at To Aroha District High School, which was advertised at a salary of from £360 to £405, plus £6O grading allowance, plus £6O district high school aljowancc.

Both the To Aroha and the Hikurangi Schools wero grade V. schools, but tho To Aroha School had a secondary department, said Mr. Johnstone. Mr. Merrington was appointed and thought ho was getting a salary of £525. So did tho Education Board, which actually paid him this salary for some months. In September, 1927, however, the Education Board wrote informing Mr. Merrington that the Education Department had instructed the board that the correct position salary was not £405, but £360. In other words, this man who had laboriously earned his yearly increments of salary was required to go back again to scratch. The amount was later increased from £360 to £375. Thus, Mr. "Merrington had made tho change and taken tho extra responsibility of a secondary department and actually got £ls more salary, and then another £ls allowed by the director of education. , • "Regulation Ultra Vires." The regulation placing all disputes and difficulties in the hands of the Minister of Education was ultra vires, and void, counsel submitted. Any right to interfere with the common law rights of an employee must be conferred by plain and unambiguous language. As tho authority of the Governor-General to make regulations tvas derived from section 15' that section must be strictly followod_; and thero was nothing. in that section to authorise such a departure as was here contemplated from tho rules of common law.

The Minister was not the proper person to hear a dispute between a servant of his department and the department of which ho was the head Once an interest was shown the interested party was disqualified from .acting judicially in tho matter. ' The Minister of Education was acting as judge in his own cause, and tho regulation which enabled him to do so was bad law. Counsel objected to any decision by the Minister in this caso in view of the other legal rule that both sides must bo heard. That fundamental principle of justice had beon ignored in this case. Another reason why the regulation was bad was that it took away all lights of appeal.

Complaint of Injustice. Stating that for rank injustice certain of the department's regulations would ho hard to beat, Mr Johnstone said that if Mr. Merrington had transferred to another school of the same grade his salary would have remained tho same, but because in addition to tho school of (he same grade there was also a secondary school, his position salary was reduced. His Honor: It is difficult to believe that that is the construction which the department will admit. Mr. Johnstone s;iid that was what had actually happened in this case. The thing could not be defended, and ho was amazed to hear that the department attempted to defend it. He argued that if the word "'teacher'' were read to refer 1o all teachers not head-teachers, then all the anomalies and injustice of the regulations of which he complained would disappear. The Department's Case. Mr. T mvle said (he case was of far greater importance than tho c ase of Ihe individual teacher concerned. Asa matter of fact, Mr. Merrington was now in a sense "one of them." ~s he had joined the department. Teachers in general, however, wanted a ruling. Among tlie 8000 or 10,000 teachers in the tountry difficulties were constantly cropping up from changes and transfers, and it was obvious that there must be somo quick and ensy way of settling these difficulties. It was necessary that the Minister should have the power that had been given to him by statute.

There was nothing inconsistent between the regulations and tho Act itself. The Minister was an independent party, and it could not be suggested that ho had any Lias as. between a teacher and the Education Hoard employing him. When Mr. Merringtcn went to To Aroha lie was transferred to a new position, and accordingly was entitled to the minimum salary for that position. He actually obtained £3O more than ho hail had at Hikurangi, continued Mr. Towle, and had also the opportunity of grading increases until he reached tho maximum again. The regulations were not unfair or unreasonable, and •hould'therefore stand fiia Honor reserved his decision.-