Stud farm boss gets payout over dismissal

A stud farm manager, whose boss claimed he was dangerous in the way he handled yearlings, has been awarded nearly $19,000 after taking his unjustfied dismissal case to the Employment Relations Authority.

Authority member Vicki Campbell ordered Shelby Park Limited to pay Mark Blackie $700 as one week's pay in lieu of notice, $14,442 for lost earnings, and $3750 compensation for hurt and humiliation.

Mr Blackie was employed as farm manager at Shelby Park in Waikato between April and November 6 2008.

The small throughbred stud farm was used to prepare weanlings and yearlings for sale. Mr Blackie was not responsible for hiring or disciplining employees, and reported to owners and operators Robert and Glenda Skinner.

His work involved caring for the horses and progressively getting them used to people, then breaking them in.

The authority was told Mr Blackie had been dissatisfied by the way Mr Skinner had treated a complaint he had made about another male employee's inappropriate actions toward a junior female employee.

They had discussed the matter on November 6 and Mr Skinner told Mr Blackie he wanted nothing more to be said about the complaint and that if he (Mr Blackie) persisted he would "sack the bitch".

A couple of hours later Mr Skinner saw an incident involving Mr Blackie and and another employee releasing horses into a paddock and as a result dismissed him.

The horses were supposed to be released simultaneously, but Mr Blackie said he accidentally released his before the other, which then tried to break away. One horse ended up injuring itself by running through the fence.

Mr Skinner said that Mr Blackie was dangerous with the way he handled the yearlings and that his attitude was not appropriate.

He supplied a letter from Matamata veterinarian Jason Lowe who said on November 5 he saw Mr Blackie kicking a horse under the belly.

Mr Lowe said Mr Blackie then turned the horse so he (Mr Lowe) was caught directly behind the horse in the corner of the stable, which was extremely dangerous.

During Mr Blackie's employment, Mr Skinner had held two informal meetings with him where his employment was touched on.

At the first Mr Blackie was told Mr Skinner was not impressed with the number of injuries occurring to the horses, but nothing more was said.

The second took place in a paddock while Mr Blackie and Mr and Mrs Skinner were helping a horse which had become cast.

Mr Skinner told Mr Blackie his attitude wasn't good, but did not elaborate on this.

Ms Campbell found that a fair and reasonable employer would not have dismissed Mr Blackie without first undertaking a full and fair investigation.

"I have concluded that Mr Skinner did have issues with Mr Blackie's performance and, in particular, the number of injuries to horses was of considerable concern," she said.

However, Mr Blackie was entitled to be informed of the issues, provided with a full and fair opportunity to discuss them with his employer, and all of this in the knowledge that dismissal was a possible consequence.

- NZPA