Compo order after loaded-crossbow threat to beekeeper

A beekeeper threatened by his boss with a loaded crossbow and baseball bat over allegations he stole hives and manuka honey has been awarded nearly $37,000 by the Employment Relations Authority.

Brad Purcell started working at Tauranga-based NZ Eco Bees as a hives manager in December 2016.

He resigned four months later because of physical and verbal threats made by his boss, Eco Bees co-director Tim Ponder.

Ponder claimed Purcell and co-worker Joel Norris had stashed some of the company’s hives at a ‘‘hidden site’’.

Norris and Purcell said that on March 20, 2017, Tim Ponder and three other men closed the door and curtains of the company tea room and showed the men a loaded crossbow and a baseball bat before interviewing them.

During the 45-minute meeting, Pon- der and another man also physically and verbally threatened the pair, Purcell said.

After he managed to convince his boss he had not stolen any hives or honey, he was asked to accompany co-director Nicola Ponder, Tim’s mother, on a helicopter ride to check the location and number of Eco Bees hives.

The next day Purcell and Norris complained to police about Tim Ponder’s behaviour.

Purcell then told Nicola Ponder he believed her son’s aggression had been caused by his use of ‘‘P’’ or methamphetamine. He said he would resign unless he did not have to report to Tim Ponder.

Nicola Ponder sent a text to Purcell apologising for her son’s behaviour.

‘‘Maybe he needs to go to a drug rehab clinic for a while … I’m really at a loss to know what to do,’’ her text said.

A few days later she sent Purcell a letter asking for the number and location of hives. She also mentioned his verbal resignation would be accepted if she had not heard back from him by March 26.

Purcell’s lawyer replied saying he had a medical certificate that showed Purcell was suffering an ‘‘acute reaction to stress’’.

Purcell was then asked to attend a disciplinary meeting to answer two allegations of serious misconduct, because a ‘‘routine clean’’ of his work vehicle found a box with ‘‘a pipe used for smoking methamphetamine’’.

The Ponders had also found a video of Purcell and Norris smoking cannabis earlier in the year.

The authority said that because Purcell’s ute was used by all workers, there was no evidence who used the pipe, but it did reduce his award by 10 per cent for smoking cannabis while driving.

Following Purcell’s complaint, Tauranga police found a rifle and ammunition under Tim Ponder’s bed, as well as a crossbow and baseball bat. He was convicted of possession of a firearm without a licence. In June 2017, he was also charged with assaulting Norris in a separate incident and sentenced to community work.

The authority said the Ponders had failed to provide evidence of any hidden hives, but Tim Ponder had already reached a clear conclusion when he confronted Purcell in the tea room. ‘‘He did so by surprise in a closed room where he had arranged for Mr Purcell to be outnumbered and to be aware Tim had weapons to hand,’’ authority member Robin Arthur said.

It was ‘‘reasonably foreseeable’’ that a worker would resign rather than put up with that situation. As a result the resignation was deemed a constructive dismissal.

Eco Bees has been ordered to pay Purcell $23,483 in lost wages and $13,500 as compensation for injury to his feelings.

‘‘He had arranged for Mr Purcell to be outnumbered and to be aware Tim had weapons to hand.’’ Employment Relations Authority