An employee who was dismissed after sending offensive emails at work has been reinstated after the Employment Relations Authority (ERA) found his actions didn't warrant such harsh treatment.
Philip Walker was working for Safe Air in Blenheim as a purchasing officer when he was dismissed in February.
His employer found he had forwarding sexually explicit emails to work colleagues and others. He had also sent many less-offensive joke emails unrelated to work.
Mr Walker argued he was one of a number of people who sent lewd emails and it was part of a culture among work colleagues and that no offence was likely to be caused.
The ERA investigated and questioned whether Mr Walker could have been expected to have full knowledge of the company's email policy.
It said Safe Air would haven been entitled to discipline Mr Walker, but his actions did not amount to serious misconduct or justification for a dismissal.
It considered Mr Walker could be trusted if reinstated and ordered Safe Air to do so.
The company was ordered to pay him $1000 for humiliation and loss of dignity.
Mr Walker found other employment after being dismissed, but the issue of compensation for lost wages and costs was to be discussed between him and Safe Air and returned to the ERA if an outcome couldn't be reached.
Mr Walker was dismissed on February 10, and the ERA made an order for him to be reinstated on June 29.
The company is appealing the decision.
