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Home / Business / Economy / Employment

Employee awarded $16,000 following dispute

NZME.
4 Nov, 2015 01:06 AM4 mins to read

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The employee received a $16,000 payout after a dispute over a track at the South Island's Temple Basin skifield. Photo / iStock

The employee received a $16,000 payout after a dispute over a track at the South Island's Temple Basin skifield. Photo / iStock

A winter storm caused a chill in workplace relations between two people working in close quarters.

The Employment Relations Authority (ERA) has ordered a $16,000 payout after a dispute over a track at the South Island's Temple Basin skifield.

On or around May 18 last year, Manu Greer agreed with new mountain manager, Charlotte Berry, that he'd work as a senior ski patroller once the season started, the authority said.

Mr Greer told the ERA he and Ms Berry agreed he'd work six days on and one day off.

Ms Berry said this was only when the ski field was fully operational.

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One day last August, after a storm, Ms Berry asked Mr Greer to dig out a track.

Mr Greer said he was surprised to be asked this, but agreed to dig anyway.

"A dispute arose between Mr Greer and Ms Berry as she wished him to dig the track deep and wide, whereas Mr Greer believed that that was an exercise in futility as it would only get filled in again when it next snowed," authority member David Appleton said it its recently released decision.

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Mr Greer said the manager told him to carry on, and she started to re-dig the track he'd dug.

"He understood this to mean that he was to go down back to the lodge, which he did."

An hour or two later, the pair spoke.

"Essentially, Ms Berry took issue with Mr Greer not having done what she had asked and told him to pack up and leave," Mr Appleton said.

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"...Mr Greer took exception at being told that he had not dug the track deeply and widely enough, to Ms Berry's satisfaction, when he was not at that point being paid."

Ms Berry's attitude was that Mr Greer was getting free accommodation and experience for an avalanche control course and was expected to do voluntary work in return, the ERA said.

Mr Greer said Ms Berry told him to "pack up all his things" and leave the mountain that day.

Ms Berry told him she'd let him know if she still needed his help after the next snowfall, he said.

But Mr Greer wasn't asked to come back.

Problems snowballed, and on August 9 Mr Greer wrote to Martin Toon, one of the ski club committee members.

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"Your manager has displayed a high level of incompetence, a terrible attitude towards employment relations, and an unfair cruelty in her treatment to me," Mr Greer wrote.

"I feel sad that...you have lost a skilled, clever and experienced (not to mention nice) person like me," he added.

Mr Toon wrote back: "You remain an employee of Temple Basin. No one has fired you."

The club needed a functional chain of command and it was risky to have the pair working on the hill together, Mr Toon said.

"It is unrealistic for you to be on the hill at the moment. As you know, the environment is close quarters in regard to working, accommodation, dining..."

Mr Toon offered a gardening leave-type arrangement, which Mr Greer declined.

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A lengthy email exchange followed.

A report from Ms Berry accused Mr Greer of being verbally abusive.

Mr Greer refuted this.

Eventually Mr Toon told Mr Greer he had several concerns.

He accused Mr Greer of being insubordinate, having an attitude "incompatible" with the club, and having an "indifferent attitude to safety concerns".

Mr Greer was sacked, and raised a personal grievance on August 12.

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Mr Appleton found Mr Greer suffered an "unjustified disadvantage" to his employment when the manager decided not to contact him when the skifield was about to become operational.

Mr Appleton also ruled Mr Greer was unjustifiably sacked, and should be compensated.

"Mr Toon relied heavily on Ms Berry's report in reaching the conclusion that Mr Greer had an indifferent attitude to safety concerns, that he was insubordinate to his manager, that he displayed a poor and incompatible attitude to the working style and culture of the club and that he had subsequently been combative..."

It was also ruled Mr Greer suffered humiliation, loss of dignity and hurt feelings when he was waiting to be called by Ms Berry, knowing she had called others to work.

But Mr Greer was partly to blame, the ERA said.

Although Mr Greer was not abusive, he was "uncompromising" in the dispute with Ms Berry about digging the track, Mr Appleton said.

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Mr Greer also unwisely referred to Mr Toon as "an incompetent and unreasonable person", he said.

Mr Greer was awarded $5115 in lost wages and outstanding holiday pay of $545.60.

Temple Basin was also ordered to pay Mr Greer lost benefits of $2200, and travel expenses of $708.40.

he was awarded $1500 for unjustified disadvantage, and $6000 compensation for unjustified dismissal.

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