$13,000 payout follows smoko in company ute

A logging worker who was sacked for smoking and drinking beer in the company’s ute has been awarded about $13,000 for an unjustified dismissal.

Nigel Brown moved from Tokoroa to Huntly in February last year for his new job at Te Kohu Logging. His parole conditions required him to have a job and a place to live.

But a month into his new job his boss found him sitting in the ute smoking a cigarette and a beer.

His boss reprimanded Brown and later that day dismissed him for being disrespectful.

The Employment Relations Authority (ERA) said the the process leading to the dismissal was unfair as Te Kohu Logging had not raised its concerns about Brown’s behaviour and failed to give him an opportunity to respond.

‘‘The dismissal was immediate and abrupt. These defects were not minor and resulted in Mr Brown being treated unfairly,’’ the ERA said.

Apart from lodging a statement in reply Te Kohu Logging did not engage in the ERA’s process.

The ERA found Te Kohu Logging had failed to give Brown a copy of his employment contract and appeared to have forged his signature in the document it gave the authority for the investigation.

After losing his job, Brown moved to Auckland to find a new job and said he was struggling to raise a bond for his new accommodation.

The ERA said Brown did not contribute to his dismissal as he was not aware there were any rules about smoking or drinking in the company vehicle.

Te Kohu Logging has been ordered to pay $8000 compensation for hurt and humiliation, $4451 for wages and holiday pay and $500 for legal costs.