Logging worker fired after truck crash wins $17k payout

A logging worker who was fired after he crashed into a vehicle driven by his boss’ son has been awarded more than $17,000 for humiliation and lost wages for unjustified dismissal.

The Employment Relations Authority (ERA) said Charles Hawkins started working at Gisborne-based logging company Patutahi Enterprises as a machinery operator and on-site mechanic in July 2016.

Hawkins was involved in a head-on collision last December with another vehicle driven by the site foreman, who was also the son of his boss.

Neither suffered serious injury and both men returned to work.

But when Hawkins returned home that day Patutahi director Beverley Hancox told him there would be a meeting the next day. Hawkins was not told what the meeting would be about.

At the meeting Hancox accused Hawkins of causing the accident and said she had GPS evidence to prove he was speeding. But Hawkins said his truck did not have a radio transmitter to use at blind corners, and it was Hancox’s son who was speeding.

In a second meeting Hawkins was told he was being laid off and would receive two weeks’ wages.

Patutahi failed to attend the ERA investigation meeting.

The ERA said the process leading to Hawkins’ dismissal was immediate and abrupt and not the action of a fair and reasonable employer as there was no investigation before the dismissal.

Putatahi also did not raise its concerns with Hawkins before the meetings and failed to give him a reasonable opportunity to respond.

Putatahi has been ordered to pay Hawkins $5843 in wage arrears, $5000 in compensation for humiliation, and $2210 for wages lost after his grievance.