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W62/3099, unit 749, VPRS 1189/P inward registered correspondence, VA 475 Chief Secretary's Department, Public Record Office, Victoria. 62.05.02

Preferred Citation:

Ferdinand von Mueller to John O'Shanassy, 1862-05-02. R.W. Home, Thomas A. Darragh, A.M. Lucas, Sara Maroske, D.M. Sinkora, J.H. Voigt and Monika Wells (eds), Correspondence of Ferdinand von Mueller, <https://vmcp.rbg.vic.gov.au/id//letters/1860-9/1862/62-05-02-final.odt>, accessed June 13, 2026

Melbourne, 2 May 1862.
Sir
In accordance with your request I have the honor to respond to your enquiry respecting two questions asked in the House of the Legisl. Assembly by Mr Service regarding the power exercised by the Director of the botanic Garden to discharge employées of that establishment on weekly warning and without assigning any reason.
1
On April 29 1862, J. Service gave notice of these questions directed to the Chief Secretary. He formally asked the questions on 2 May 1862, the inquiry being prompted by M's having dismissed Peter Waters who had worked in the Garden for eight years. O'Shanassy replied that 'Dr Mueller had the power and had always exercised it; and there was no doubt that a gentleman having charge of the Botanic Gardens, and the duties connected with it, was the best judge as to how the work should be carried out, and ought to have full control over the servants'. He added that M had discussed the matter with him before acting, and that he 'fully concurred with Dr Mueller in his reasons for discharging him' (Victorian Hansard, Session 1861-1862, vol. viii, pp. 973, 1020).
The Gardeners and Labourers at the Garden are all only weekly engaged, altho' for convenience sake paid monthly. Consequently whenever the services of any of these employées are no further needed, or whenever decrease of fund renders the discontinuance of any of these employées necessary, or whenever any other circumstances arise for the displacement of any of the men, it has been always clearly understood as well by the employer as the employed that the engagement of the latter is only weekly and that consequently only a week's notice will be given, when their services are to be dispensed with.
Ever since the botanic Garden was transferred to the Department of the honorable the Chief Secretary, this power of deeling with the engagements of the gardeners and labourers, has been solely exercised by the Director as the executive functionary of the Garden, nor is this right of the officer, which in all similar establishments exists, before called into question, in as much as the officer solely responsible for the proper working of the establishment to the Government must enjoy the liberty to draw such employées around him as will enable him to carry out his functions satisfactorily.
I believe the honorable the Chief Secretary will coincide in my view, that all authority of the Director will cease to be respected , if on any removal of employées from the Garden a claim can be established on their reinstallment or if it becomes a compulsory measure to assign publicly any reason, why the services of an ordinary weekly engaged gardener or labourer is discontinued.
In this regard the general provisions existing between employers & servants should I think be sufficient also to meet this case.
If Mr Service's questions refer to a special recent case, when the engagement of a gardener after his employ for a series of years is discontinued, I beg to state, that I waited on Mr O'Shanassy and laid before his Honor such evidence for his private perusal, as rendered it absolutely necessary to remove a certain gardener from the establishment, unless the dignity of the office of the Director should become totally destroyed. Of this evidence I am not allowed to make direct public use, but at the time it appeared to my honorable Chief perfectly satisfactory for my adopting the steps, which I took on the occasion.
I may finally state, that throughout nearly five years, during which I have had the honor of now holding the Office of Director of the botanic Garden, I have, whenever I possibly could retained the services of the older employées, not because I felt myself bound to do so, but because I respected seniority as long as it was possible to do so without injury to the establishment over which I hold the responsible charge. Hence the majority of the Garden employées have maintained their position all throughout my directorship.
I have the honor to be,
Sir,
your most obedient and humble servant
Ferd. Mueller
Director of the botanic Garden
the honorable the Chief Secretary
&c&c&c