Staff get compo in asbestos dispute

A pair of contractors who raised the alarm about patients potentially being exposed to asbestos at Christchurch Hospital have been awarded $9000 compensation.

The Employment Relations Authority (ERA) found exterior building firm Goleman unjustifiably dismissed Neil Silcock and Liam Milner in 2013. They had been exposed to white asbestos while working on the roof of the hospital’s quake-damaged Parkside building in April of that year.

They publicly raised concerns over the way Goleman allegedly failed to warn its staff about the hazardous material and potentially put patients at risk.

Two asbestos-related charges laid against the company and the Canterbury District Health Board by the Ministry of Business, Innovation and Employment were withdrawn last year.

ERA member Helen Doyle said she accepted the pair were exposed to asbestos without their knowledge, which caused ‘‘considerable stress and concern’’. ‘‘They clearly suffered injury to their feelings as a result of the failure by Goleman to communicate its knowledge of the presence of asbestos to them and allow them to make decisions about how to keep safe.’’

Silcock and Milner were ‘‘treated unjustifiably’’ in terms of their employment agreements when work was not provided.

‘‘The matter though which caused them the most humiliation and loss of dignity was the breach of the duty by Goleman to take all practicable steps to provide a safe and healthy workplace,’’ Doyle said. ‘‘Both spoke of suffering depression and they left New Zealand to find work.’’

The ERA ruling stated Goleman believed it provided Silcock and Milner with a safe workplace, and did not believe it breached their employment agreements.

Doyle ordered Goleman to pay the pair $9000 each in compensation. Goleman was also ordered to pay Silcock three months’ worth of lost wages, and Milner one month.