Accused cannabis user found to be unjustifiably dismissed

A Tauranga man fired after being accused of smoking cannabis on the job has been awarded compensation after it was found he was unjustifiably dismissed.

Aaron Brown was employed at Ballance Agri-Nutrients before he was dismissed on December 19, 2013 for the accusation.

The Employment Relations Authority (ERA) has found Mr Brown to have been unjustifiably dismissed.

Ballance has been ordered to pay Mr Brown $1500 in compensation and the three months' wages lost as a result of the dismissal in 21 days from October 30, the date the determination was made.

The ERA determination said there was no order for reinstatement.

Mr Brown and his workmate Mr O'Connor were both dismissed from their jobs at Ballance on December 19 and 20, respectively.

On December 12 - the day before Mr Brown was positively drugtested - Ballance received a complaint from a member of the public who claimed to have observed him and his work colleague Shaun O'Connor smoking pot in a car at Central Parade shopping centre, which the men had gone to during their lunchbreak.

On October 6, 2014 the ERA determined Mr O'Connor had been unjustifiably dismissed and awarded him distress compensation and lost remuneration.

The circumstances surrounding Mr Brown's dismissal were similar but not identical to that of Mr O'Connor.

Mr Brown sought reinstatement to his former position at Ballance and loss of remuneration.