A boat mechanic ignored instructions and revved engines until they sustained major damage but his employer now has to pay him nearly $5000 because it did not warn him properly before firing him.
In a written determination, the Employment Relations Authority has ordered Tauranga boat engine dealer and servicer Odin's
Marine to pay its former mechanic Geoffrey Watt $3240 in lost pay and $1500 in compensation for humiliation, loss of dignity and injury to feelings.
Mr Watt had worked for RD Managh Ltd, trading as Odin's Marine, from 2002 until February 2005 when his employment was terminated.
The authority accepted there were "ongoing performance problems with Mr Watt and that these were detrimental to the effective operation and reputation of [the] business."
However, Ken Anderson, a member of the authority, wrote in his decision that "there is no evidence that Mr Watt was ever warned about the possible consequences of such behaviour continuing or being repeated, or that his employment was in jeopardy."
That was in spite of Mr Watt's performance in running new motors at high speed rather than at idle.
"Mr Watt was well aware of what was required but still chose to ignore what he had been told several times," Mr Anderson wrote. "If Mr Managh had followed appropriate procedures, given time, I suspect the dismissal of Mr Watt may well have been justified.
"Unfortunately, Mr Managh failed to observe any of the necessary criteria."
In calculating the amount Odin's Marine had to pay Mr Watt for the lost pay before he was able to find a job 12 weeks later, Mr Anderson said Mr Watt was half responsible for finding himself out of work so should be given half the pay. The same went for the compensation for hurt and humiliation.
Mr Watt had claimed $10,000.
- NZPA
