Worker to be paid over unfair dismissal

A former Southland truck driver and forestry worker is to be paid $20,000 by his former employer after the Employment Relations Authority found he was unjustifiably dismissed.

Tyler Ward worked for Samson Hill Forest Harvesting Limited from October 2018 until November 2019.

A decision released by the authority says during his employment the company had concerns about Ward’s performance. The company gave Ward warnings including a final verbal warning before his dismissal.

Ward was dismissed by email after it had discovered what Samson Hill says was a failing by him to torque the wheels of its trailer correctly.

Ward was instructed to fit and torque wheels on the trailer but did not do so saying he ran out of time.

Director and shareholder Richard Cairns was preparing to take the trailer for a COIF inspection and discovered the wheels had not been torqued; Cairns said when he discovered this he was angry because it could have caused an accident.

Ward raised a personal grievance for his dismissal based on an alleged failing by Samson Hill to conduct a correct and fair disciplinary process.

Ward accepted he received three verbal warnings. However, Ward said the impact of his performance and conduct was not clear to him in terms of Samson Hill’s expectations and possible consequences for his ongoing employment.

Samson Hill produced two written warnings that had Ward’s signature on them. However, Ward said he never received them and never signed them.

Employment Relations Authority member Peter van Keulen said he was not satisfied the written warnings were given and accepted by Ward.

Van Keulen found Samson Hill ‘‘failed in almost every aspect’’. There was no investigation, no discussion or communication with Ward about the failure to torque the wheels and that there was no opportunity for Ward to explain and address the concerns.

‘‘I conclude that Mr Ward’s dismissal was unjustified both procedurally and substantively.’’

Van Keulen also said Ward’s conduct and performance at work, did at times, fall below an acceptable standard.

He ordered Samson Hill to pay Ward $20,670.