Gardener loses fight over job at Velas' stud

A horse from the Cambridge-based Pencarrow Stud. Photo / Getty Images

A gardener employed by horse racing's Vela family took time off work when it was too hot, too cold and too wet but it was for working in the wind that he eventually lost his job.

Neville Waho worked as one of four fulltime gardeners at the Velas' Pencarrow Stud, near Hamilton, from April 2008 until December 2010.

Staff met on the morning of December 6, 2010, to discuss the day's work and Mr Waho was given the job of tidying the parade area ahead of a horse parade that day, as well as weeding and leaf blowing, an Employment Relations Authority finding out yesterday said.

Mr Waho said he also planned to do weed spraying but was told by head gardener Craig Atherton that the forecast was for wind and that he "should not carry out the spraying if it became too windy".

Stud manager Leon Casey told the authority it was "imperative" spraying was carried out only when conditions were suitable, with no wind or rain, as chemical spray drift was dangerous to the high-value horses at the stud.

Mr Atherton tried to contact Mr Waho at 11.21am to make sure he was not spraying as it had become too windy. He left a message then, and a further message at 3.43pm.

Mr Atherton also looked for Mr Waho but could not find him.

At the morning meeting the next day, Mr Atherton asked Mr Waho if he had received his message, to which he responded he did not but he "only did one knapsack [of spray] anyway".

Mr Waho left work about 11am that day due to heatstroke and was away for the next two days.

Mr Waho had also been absent during winter "due to the cold and the wet", so an employment relations meeting was called to discuss those issues, the spray issue and to consider whether Mr Waho's position was redundant given other staff had had to cover for him so much.

Mr Waho was told on December 21 that his position was terminated, with two weeks' notice, for failing to comply with an instruction.

The authority said it was obvious Mr Waho had a "chequered" employment history, evidenced by previous warnings. He was on a final warning when the spraying incident occurred.

Pencarrow Stud's actions were that of a "fair and reasonable employer" and Mr Waho's dismissal therefore justified. APNZ