LUCY CRAYMER
Hawke's Bay bus transport company Nimon and Sons is going to fight a decision by the Employment Relations Authority to award their former workshop manager nearly $35,000.
Authority member Greg Wood last month ruled against Nimon and Sons over the treatment of employee Darryl Buckley in December 2004 and January 2005.
Mr Wood said Mr Buckley had been constructively dismissed and the company had significantly breached its duty to Mr Buckley.
Mr Wood said the company's most serious failure was a letter general manager Peter Patterson wrote to Mr Buckley on January 21 last year in which Mr Buckley was told his performance would have to improve if he was going to remain a manager.
"Here it was noted that dismissal could occur at any time before or after the timeframe of the personal performance plan," Mr Wood said.
"This threat constituted a serious breach of duty to him." He ordered Nimon and Sons to pay $24,956.72 in lost income and $10,000 compensation to Mr Buckley.
Mr Buckley said he was happy with the outcome but was looking forward to putting the whole thing behind him.
"It's quite a drawn out process, it was near on a year from start to finish," he said. "I'm pleased I stuck with it."
Mr Buckley said it was good to know "that if you go through the motions an injustice could be righted".
Mr Patterson said Nimon and Sons would be appealing the decision and taking it to the Employment Relations Court. He said he had concerns about Mr Buckley's performance and his relationship with his staff and had tried to address those with the performance review.
"We don't believe we have done anything wrong," Mr Patterson said. "We go out of the way to do the best that we can."
He said that if the Employment Court also found against them then they would accept it.
He said the penalty they were facing "was quite high".
"That's one employee's wages for a whole year. We don't just have $35,000 to throw at someone," he said.
Workshop manager awarded $35,000 after dismissal
AdvertisementAdvertise with NZME.