$13,760 for dismissal

A man who was sacked after smoking marijuana on a building site has been awarded more than $13,000 in compensation.

In a decision released last month, the Employment Relations Authority ruled that Matthew O’Connell, of Christchurch, was unjustifiably dismissed by Consortium Construction Ltd (CCL), where he worked as a carpenter.

Mr O’Connell was working on the third-floor scaffolding in an earthquake-damaged building on December 9, 2010, when foreman Jonathan Small smelled cannabis and identified it coming from Mr O’Connell.

Mr Small reported the incident to CCL manager Danny Whiting, who told Mr O’Connell about the allegation the next day and that his employment would end.

Mr O’Connell denied that he was smoking marijuana. In a second conversation, they discussed a drug test. On the Saturday, Mr O’Connell declined a drug test and turned up to work on Monday, when he was given a letter confirming his dismissal.

Authority member Philip Cheyne said Mr Whiting never told Mr O’Connell any details of the allegation or its source and did not give him any opportunity to explain before dismissing him.

Mr Cheyne acknowledged that both parties were equally responsible for the circumstances giving rise to the grievance. Mr O’Connell’s blameworthy contribution involved incorporating marijuana into his roll-your-own cigarette and smoking it while working in a high-risk environment.

CCL was ordered to pay him $13,760.