Company wins case over ‘confrontational’ worker

A Southland man who resigned and later won a payout was ‘‘the cause of his own misfortune", an Employment Court judge says.

Garry Jones, of Te Anau, resigned from Downer NZ on June 30, 2016. He claimed he had been treated unfairly, bullied and ostracised.

His resignation followed a deterioration in his working relationship, after the company declined to alter his work roster.

Even though he had resigned, Jones claimed he had been unjustifiably dismissed and disadvantaged in his employment.

The Employment Relations Authority agreed late last year. It upheld his claim for a personal grievance for being unjustifiably disadvantaged.

He was awarded $14,000. Jones and Downer both appealed that decision. Jones argued he was unjustifiably dismissed – and also sought an increase in his successful award claim.

Downer challenged the conclusion that the infrastructure company had disadvantaged Jones, and sought to reduce or eliminate the remedies awarded.

The Employment Court heard Jones worked as a reticulation and rural water supply serviceman at the company’s Te Anau yard, but expressed concern to the company over a roster change.

Jones became angry at a regular staff meeting in Invercargill, accusing a manager of not addressing the rostering issues as being ‘f***ing gutless’.

Jones began annual leave the next day, but took paid sick leave until returning to work a month later.

When he returned to work his relationship with a team leader soured – including Jones allegedly telling WorkSafe the team leader was not wearing safety gear. Photographs of the team leader – minus safety gear – was sent to another Downer employer, with the claim it had come from a member of the public.

The photo was actually taken by Jones’ son who had worked near the site.

Copies of the photo were placed – and replaced – on company noticeboards almost a dozen times.

Jones, who was asked to send a daily job report to his manager, also sent the following in an email: ‘‘If you see me smiling, it’s because I’m thinking of doing something evil or naughty. If yo[u] hear me laughing it’s because I’ve already done it.’’

That email was taken as a threat and the team manager reported it to Downer.

Jones said he just wanted to have fun with his boss, and no threat was implied. However, at the investigation meeting and trial he claimed the email was sent by his wife to the team manager as a ‘‘hint to back off’’.

A meeting between Jones and company representatives to address some of the issues disintegrated, with Jones taking umbrage over the remark ‘‘the bullshit stops from this point’’.

On June 25, 2016 – the next day – Jones clashed again with his team leader, refusing to fill potholes without the assistance of a digger and allegedly smiling and laughing at him.

Jones gave a different version, saying he did not refuse to do the work and did not smile and laugh at his team leader.

After that incident Jones was suspended. In an email to a colleague he said: ‘‘Just bullshit but the most fun I’ve had in a long time.’’

Jones resigned days later, and was paid out his notice period.

In its July judgement, the Employment Court found the company was entitled to make a decision about its roster, as it was to suspend Jones.

‘‘Jones was the cause of his own misfortune . . . he set himself on a collison course with Downer by being disruptive and confrontational,’’ Judge Kerry Smith says in his judgment.

Jones’ challenge to the ERA was dismissed, while Downer’s challenge was successful. Costs were reserved.

‘‘Jones . . . set himself ona collison course with Downer by being disruptive . . .’’ Judge Kerry Smith