RAILWAY MAN'S APPEAL.

Otago Witness, Issue 3399, 7 May 1919, Page 23

RAILWAY MAN'S APPEAL.

A NAPIER CASE. The case of T. Cunningham v. the Kiny came before the Full Court at Wellington on Wednesday. It was a petition of right from the Court, Napier, an appeal being made against the judgment of Mr E. Page, S.M., on the ground that he had wrongly construed the railway regulations. The suppliant had been about 25 ycar» an employee of the Railway having been engaged in the offices at Invercargill, Winton, Gore, Centre Bush, Has- \ tings, and elsewhere. In September, 1912, while employed as a booking clerk in the office at Invercargill, he contracted lung trouble, due, in the opinion of his medical adviser, to the constant draught from the ticket window, and he secured a transfer to Hastings, where he took up the position of clerk in charge of the goods office, which ho held for four years. In January. 1917, ho was entitled to three weeks' leave of absence and a pass over the railways. Ho agreed, at the request of the stationmastcr, to forgo his leave temporarily. In April, 1917, the stationmaster instructed him to ta"ke up the duties of booking clerk at Hastings, but he demurred on account of tho state of his health and of the trouble ho had suffered at Invercargill. He was then suspended for refusing duty. After somecorrespondence, he was informed in May that if he did not act as a booking clerk he would be dismissed. Failing to get a departmental inquiry, he tendered his resignation. As the suppliant had voluntarily resigned and had a continuous period of service for over 20 years, he was entitled, under "The Railways Act, 1908," to six weeks' leave on' full pay, and he claimed £3O 12s, his salary being £5 2s per week. He also asked for the railway pass for tho three weeks' leave he had forgone, or compensation amounting to £26. The magistrate gave judgment for the first amount, but declined to allow the latter, as durinsfthe year the suppliant had already received a pass for a period of leave granted to him, and the regulations provided for only on* pass a year. After argument judgment was reserved. The Bench comprised the Chief Justica (Sir Robert Stout). Justices Edwards, Chanman, Sim. and Hosking. Mr E. J. W. Hallett (Hastings) appeared for the sup- • pliant, and Sir John Sahnond, K.C., for tho Crown.