Former truck driver and forestry worker Tyler Ward will be awarded more than $20,000 from a Southland tree-felling company after its firing of Ward was found unjustified by the Employment Relations Authority (ERA).
Samson Hill Harvesting Limited, based in Gore, is part of the timber operations industry. The company sacked Ward via email in November 2019 after what it claims were mounting concerns about his performance.
It said the final straw was when Ward failed to torque the wheels on a trailer correctly, and this was seen as serious misconduct. Samson Hill said it could have caused a major accident or killed someone and it therefore could not risk having Ward work there any longer.
But the ERA said Samson Hill needed to show it investigated the trailer wheels, set out any concerns and explained the possible implications of the finding - and had given Ward a reasonable opportunity to respond.
"Samson Hill failed in almost every aspect," said ERA member Peter van Keulen.
Van Keulen said Samson Hill did not consider any explanation.
"I conclude that Ward's dismissal was unjustified both procedurally and substantively."
Evidence given by Ward as part of the ERA decision said he was confused, gutted and angry at being dismissed and by the way in which Samson Hill did it.
His self-confidence was knocked back, he was humiliated and belitted, embarrassed and felt helpless. Ward was "stressed by the loss of his job and the financial uncertainty having just purchased his first house".
Prior to his dismissal, Samson Hill claims it had discussed issues with Ward's performance as they arose and gave him verbal warnings, two written warnings and a final warning before his dismissal.
Samson Hill produced two written warnings that had Ward's signature on them – but Ward claims he never received nor signed them.
In his evidence, Ward accepted that some of the poor performance complained of by Samson Hill did occur, but the possible consequences were not clear.
Van Keulen said Samson Hill showed "an enormous amount of tolerance of Ward" but "it ultimately failed to effect this properly as it lacked clarity".
"Warnings are part of a process that should be used to change behaviour and improve performance, not simply set employees up for dismissal.
"In this case, Ward did not know what was expected in terms of improved performance or conduct and he did not know he was at the last straw point, so ... all the warnings did was create an environment where Samson Hill believed it could dismiss Ward."
Samson Hill has been ordered to pay $20,670.39 to Ward.
