Yeah ‘baby’: Builder wins $5000 sum

A BUILDER who was told to stop being a baby by his boss has been awarded $5000 for unfair dismissal.

Apprentice builder Trent Williams claimed he was unjustifiably dismissed from his job at Hamilton firm Burkhart Building and that his employer breached its statutory obligations to provide a contract.

In March 2014, Williams started working as an apprentice at Burkhart Building for $14.50 an hour on a full-time basis.

In April, the company’s sole director James Burkhart had a problem with gear falling out of his trailer. He texted Williams and asked if he had shut the trailer and Williams texted back saying he must not have.

A few days later Burkhart discovered batteries had not been recharged. He texted Williams saying, ‘‘When you f...ing pack up the gear make sure the batteries and chargers go back in the gun cases.’’

When Williams complained about the language, he was told not to take it personally, to stop being a baby and get back to work.

Williams didn’t return to work after a discussion between himself and Burkhart, in which both agreed the relationship was not going well.

Williams claims he was disadvantaged when he received abusive texts and that he didn’t have enough opportunity to respond to criticisms of his work. Burkhart said Williams’ behaviour was confrontational.

Employment Relations Authority member Vicki Campbell said in the decision that the use of swearing was commonplace.

She was satisfied Williams accepted Burkhart’s offer to end his employment without protest but what was missing was an actual agreement by both parties for the employment relationship to end in this way and so the dismissal was unjustified.

Burkhart Building was ordered to pay Williams $5000. Costs were reserved.