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Home / Northern Advocate

$9000 4 txt sacking

By Mike Dinsdale
Northern Advocate·
25 Feb, 2012 03:00 AM2 mins to read

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A teen sacked via abusive text messages has been awarded more than $9000 for unjustified dismissal.

Stephen Whalley, 18, was sacked as a trainee hapu ranger by Takou Were-Te-Mokai Landcare Charitable Trust in November 2010 after receiving a series of texts, some of which were abusive and expletive-laden, from trust manager Clinton Rameka.

Mr Whalley took his claim for unjustified dismissal to the Employment Relations Authority (ERA), which found in his favour, awarding him $9309 in lost wages, compensation for hurt and humiliation and costs.

His job included trapping and poisoning pests and training at Northland Polytech's Kerikeri premises for a Certificate in Professional Hunting and Pest Control.

The authority heard that during November 8, 2010, Mr Whalley and Mr Rameka exchanged texts regarding whether Mr Whalley should attend a training camp.

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The exchange ended with a text from Mr Rameka reading: "Catch u up then boy U ungrateful bald head [expletive] U must think yur good alright." Mr Whalley took this to mean he had been sacked.

Authority member Robin Arthur found that the contents of the texts sent by Mr Rameka to Mr Whalley on November 8, when read together, amounted to a dismissal. He also noted that one of Mr Whalley's responses had contributed to his dismissal.

"I accept that read in the context of earlier [text] references to whether Mr Whalley's job would be 'ova' [over] or 'history', Mr Whalley reasonably understood the phrase 'catch you up then' to mean Mr Rameka had ended the employment relationship."

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The trust said it had not unjustifiably dismissed Mr Whalley and he was sacked after failing to follow instructions and breached his employment obligations, including disobeying instruction to attend training; performing unauthorised work; and failing to supply time sheets.

No one from the trust attended the ERA's investigation meeting.

Expletive-laden texts were short of standards displayed by a reasonable employer, Mr Arthur said.

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