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hay be appropriate, in order to ascertain the intention of that legislation, but for that purpose only.
Article XVI of the Letters Patent refers to " 'suspension"
な
simpliciter, without any reference to pay.
Does the common law assist
us in determining the intention of this provision?
The trial judge considered a number of authorities.
Some suggest
that a power to suspend does not include a power to suspend without pay,
J
unless such a provision is conferred by law or can be implied from the terms of the contract see Slingsby's Case, Hanley v. Pease & Partners
·(4). and McArdle v. Scotbeef Ltd.
zohtavad pas nj ruci per
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(3)
Ltd.
J
Others, however, take the contrary view, see Wallwork v. Fielding
(6) Bird v. British Celanese Bird
This view gains support from the opinion of
TO CHU
the law officers delivered in 1838 and quoted by the trial judge.
Leaving the law on one side for the moment, what is the sensible approach? We think it is this. It is not in dispute that Article XVI Such a suspension confers a right to suspend "upon sufficient cause".
means that the public officer ceases to perform any of the functions of his office. Assuming that his suspension has been for proper cause, why'
should he be paid, when he has done no work?
From the conflicting dicta which appear in the cases mentioned above, we prefer to adopt the approach of Lord Sterndale, M.R. in Wallwork v. Fielding at p.72. Having stated that the exercise of the power of Suspension means that the whole contract is suspended and that the obligations on both sides are suspended, he says -
17
there was express statutory power here to suspend the man from duty and that involves the ...suspension of payment for the discharge of the
duty. The contract is suspended with regard to its performance by both sides, not only by one;".
(5)
Our conclusion is this. That the Crown, when conferring power on the Governor by Article XVI to suspend, intended that the power should
So C.S.R. 611 is a proper carry with it the right to suspend without pay. exercise of the power of suspension conferred on the Governor by the Letters Patent, provided that neither the effect of Col. Regs, nor of any contractual relationship between the Crown and public officers invalidates
it.
(3) 1915 1 h.d. 698 (4) 1974 S.L.R. 78
(5) 1922 2. K.B. 66 (6) 1945 K.8. 336.
C