The worker threw her cup of boiling coffee at her co-worker's face and chest, the ERA heard. Photo / Getty Images
The worker threw her cup of boiling coffee at her co-worker's face and chest, the ERA heard. Photo / Getty Images
A freight worker who threw a boiling cup of coffee at a co-worker has been awarded $15,507 after the Employment Relations Authority found she had been unjustifiably dismissed.
Annette Williams started working for Independent Stevedoring Limited (ISL) as a casual straddle driver in 2014.
ISL handles bulk cargo and containers on vessels and provides drivers to the Port of Tauranga. In November 2016, Williams was made a permanent employee.
According to the Employment Relations Authority (ERA) ruling released earlier this year, on April 1, Williams was involved in an argument with a co-worker over the allocation of a straddle machine.
After realising she had made a mistake, Williams tried to apologise her colleague but was told to "shut up".
The ERA said at this point both women began swearing at one another, and the co-worker, who was buttering toast at the time, began waving the butter knife at Williams in what was described as a threatening manner.
According to the ERA, at this point the co-worker took a step towards Williams and said something along the lines of "don't f**k with me".
What happened next is disputed. Williams said he colleague punched her and pulled her hair, however, the co-worker alleged that it was Williams who hit her first, telling the ERA:
"I told Billy [Ms Williams] to f**k up, then Billy shouted out I was like my f***ing family, like my f****d up sister," Horne said.
"I took a step towards Billy and told her to repeat what she had said. Billy then punched me on the right side of my face."
Both agreed that following this incident, a colleague Daryn Anderson appeared and told them to stop. Williams said she then punched the co-worker in the mouth.
The fight ended and Williams had walked away to make coffee when her colleague allegedly continued to verbally assault her.
At this point, Williams threw her cup of boiling coffee her colleague's face and chest.
A port worker was awarded $15k for being unjustifiably dismissed. Photo / File
ISL organised meetings with both Williams and the other person involved to ascertain what had happened.
At Williams' meeting, she provided a copy of her statement but was apparently given limited time to explain her account of what had happened.
At her second meeting, Williams was told the situation was serious and was referred to the company's rules which included a provision stating employees could be instantly dismissed for behaviour such as assaulting another employee, insubordination or use of abusive language.
In a conversation with Surfside Union representative Carol Greene, Williams was told she was likely to be let go and should resign to avoid getting a mark against her name.
In the third meeting between Williams and ISL, the ERA found Williams was not told she could have a representative present and Greene said she was not invited to attend.
During the meeting, Williams alleges she was dismissed, although ISL denied this and said Williams had asked to resign.
In her determination, member of authority Jenni-Maree Trotman found Williams resignation was caused by ISL breaching its obligations.
ISL did not tell Williams a disciplinary process had been instituted, it didn't advise her of possible outcomes and did not inform her that she was entitled to representation.
Copies of statements from ISL and both parties were also not provided to Williams and the contents was not explained according to Trotman.
The ruling also showed ISL had not talked to all witnesses of the argument and had not discussed with Williams that one of its main concerns was her throwing the coffee after the fight had stopped.
"I find ISL's failure to comply with the statutory requirements was not minor and did result in Ms Williams being treated unfairly," Trotman said.
