Exec who swore at boss was wrongly suspended

The suspended worker forwarded the chain of emails to five of her friends. Photo / Supplied

An executive who called her boss a "f***wit" in an email to friends and clients was wrongly suspended, the Employment Relations Authority has found.

Auckland project manager Chia Cheng was told to "go home and think about your attitude", after refusing to discuss her $89.50 car grooming bill, and why she had taken her boyfriend to lunch on the company credit card.

A fair and reasonable employer would have talked first with her about the prospect of suspension and the terms on which it should occur, the authority determined.

Cheng worked for property and construction firm Base Projects Ltd (BPL) where she conducted an "email war" with her boss, authority member Robin Arthur found.

Though he found she had a legitimate grievance, he also ruled that she had contributed to the dispute to such an extent that she should not be awarded any compensation.

In September last year, company manager David Lokes emailed Cheng about concerns over spending on the company credit card.

An email dispute followed about whether Lokes had agreed to the cost, and concluded with Cheng telling Lokes to "get over it".

Cheng then forwarded the chain of emails to five friends, including one at a large law firm that was a client of BPL, with the comment: "He's such a f***wit ... so annoying."

During the email correspondence between the pair, the determination said, Lokes had walked over to Cheng's desk in the open-plan office to speak directly to her.

There is some dispute about what exactly was said, but Cheng is alleged to have refused to go into Lokes' office to discuss the situation, saying she was too busy. At one stage Lokes told Cheng loudly he was "sick of your f***ing attitude".

Eventually, Lokes told Cheng to "go home and think about your attitude".

The authority found that Cheng had been suspended - and the actions BPL took in imposing that suspension were not justified.

"A fair and reasonable employer would have talked first with Ms Cheng about the prospect of suspension and the terms on which it was to occur," said the determination. "Mr Lokes ... acted rashly in sending her home without a reasonable discussion."

Cheng told the Herald on Sunday she regretted the emails she had sent to Lokes, but said she was angry with the decision and the six month wait for it to be released. "I'm annoyed at the justice system," she said.

BPL is now in liquidation. The company's former director Gene Paul, who represented the company at the ERA hearing, was unaware the decision had been released when we spoke to him, but said he was pleased. He believed Cheng was "trying to get money out of us".