TEACHERS' SALARIES.

New Zealand Herald, Volume LXVII, Issue 20716, 8 November 1930, Page 14

TEACHERS' SALARIES.

REGULATIONS INTERPRETED. CASE OF A HEADMASTER. EDUCATION BOARD UPHELD. In the Supremo Court action between Alfred Richard Mcrrincton, recently headmaster of tho To Aro ha District High School, and the Auckland Education Hoard, to determine the salary to which Merrington was entitled, Mr. Justice Smith, in a judgment delivered yesterday, uphold tho board's interpretation of tho regulations. Mr. Johnstono represented tho plaintiff and Mr. Towlo the defendant board. The originating summons asked what commencing salary Merrington was entitled to on' his appointment as headmaster of tho To Aroha District High School, whether ho was bound to agree to tho submission of this question to tho Minister of Education, and whether ho was bound by tho Minister's decision.

Tho - facts presented to llio Court showed that as headmaster of tho Hiku rangi Public School, from which the plaintiff was appointed to tho To Aroha School, he receivod a salary of £405 and allowance of £6O, making £465 a year. At To Aroha ho was at first paid at tho rate of £525 a year, mado up of salary of £405 and allowances £l2O, but tho Education Department had reduced tho salary to £360, making a total of £4BO, to which an addition of £ls was niado as a matter of grace, and not of right. Plaintiff held that, ho was entitled to tho maximum position salary of £405, but tho department held ho should receive the minimum position salary of £360.

"Undivided Position." His Honor took the view that a district. high school was a public school, and that the general provisions of the Act relating to public schools applied to it. He concluded, that the position of headmaster of a district high Bchool constituted but one permanent position and no more, although that position included, in fact, in the primary department the functions of the head teacher of an ordinary public school and in the secondary department the functions of the headmaster of a secondary school. Neither the statute nor the regulations could be said to ho drawn with clearness. But if ho had reached a correct conclusion upon the undivided naturo of the office of headmaster of a district hi<zh school the regulations relating to the fixing of his salary must bo considered in the light of that conclusion. His Honor found that thero was attached to the singlo permanent position of headmaster of a district high school the minimum and maximum salary dependent on the grade of the district high School and an addition thereto dependent on tho grade of the secondary department. Tho plaintiff did not complain about that basis of arriving at the salary of the headmaster of a district high school. He complained that as he earned tho maximum salary of the position of head teacher of a grade V. school, he should not lose that maximum salary upon transferring to a school which he described as another grade V. school, which had in addition a secondary department. Plaintiff's Contention. Plaintiff submitted that he should keep his maximum salary for tho grade V. school and receive in addition tho allowance payable to the headmaster of. a grade V. school who had to undertake the additional work of a secondary department. So stated, this claim appeared to bo fair, but if Ilis Honor wa3 right in his view as to tho undivided nature of tho permanent position of tho headmaster of a district high school, then it was inaccurate and it tended to be misleading to state simply that plaintiff was transferred from ono grade V. school to another grade V. school with a secondary department added. Plaintiff was transferred from ono grade V. school to another grade V. school —but tho second grado V. school was of a special kind, including within itself two departments. His Honor wa£ of opinion that tho commencing salary to which plaintiff was entitled as headmaster of the. To Aroha District High School was £4BO, and the interpretation for which tho board contended was correct. "It is not necessary for me to consider tho conclusive extent of tho Minister s powers of interpretation under clause 2 of the regulations," said His Honor. 1 In tho present case, ho has agreed very properly, I think, to bo bound by the decision of the final Court, and I do not think I ought to attempt to answer a question of great difficulty which, in tho view I take of this caso, has become academic." , The plaintiff was ordered to pay fees and £26 5s cost 3.