The owner of a Wanaka garage has been found by the Employment Relations Authority to have unjustifiably dismissed a Filipino mechanic.
Water's Edge Service Centre Ltd owner and director Gregory Noye, trading as Wanaka Tyres and Automotive, was ordered to pay Vincent Villarete $5616 lost wages, $3600 compensation and $3000 costs.
Mr Villarete, represented by advocate Michael Guest, had claimed $9360 in lost wages and $35,000 in compensation.
In a decision released yesterday, the authority said Mr Noye dismissed Mr Villarete "without a fair process".
It said evidence was given that Mr Villarete was given a written warning by Mr Noye in August 2011 over his performance.
"Following receipt of the warning letter, Mr Villarete's job satisfaction began to diminish and Mr Noye continued to become dissatisfied with Mr Villarete's performance and concerned about his attitude when performance concerns were raised with him."
The authority found that Mr Villarete, after a discussion over the fitting of a tyre, "turned and moved towards Mr Noye accusing him of being racist and disrespectful to Filipinos.
"He called him a bad man."
The authority considered it likely Mr Villarete raised his voice and "when standing fairly close to Mr Noye shook his finger at him".
Mr Noye claimed Mr Villarete then "quit" but Villarete denied using the words "I quit".
The authority found that shortly after Mr Villarete left the workshop, a letter terminating his employment was written by Mr Noye and it also found the reason for dismissal was because of Mr Villarete's "emotional outburst" rather than for performance issues.
However, the authority was "not satisfied" that Mr Noye raised performance concerns because of Mr Villarete's race.
Mr Villarete had stayed with Noye and his wife when he first arrived in New Zealand.
"Mr Villarete's reaction to Mr Noye was inappropriate."
It found Mr Villarete had contributed to the personal grievance in a "blameworthy way" and it reduced the award as a result.
