$3000 for scaffolder's hurt feelings

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A scaffolder dismissed from his job after he refused to take a drug test for allegedly smoking marijuana at work has been awarded $3000 for "injury to his feelings".

The Employment Relations Authority said Dan Riley of Auckland was not using delaying tactics but was entitled to seek advice about undertaking the test after his boss suspected he had been smoking marijuana at work.

Acrow management dismissed him the next day but ERA member Rosemary Monaghan said they "went too far" in their reliance on his drug test refusal, saying it was not a fair and reasonable action.

The ERA said problems began when Mr Riley and a colleague took 45 minutes to complete a trip to another job that should have taken about 10 minutes last July 2.

The next day Auckland branch manager David Lambourne asked Mr Riley why the trip had taken so long. The pair began arguing heatedly and Wellington branch manager Steven Price also criticised Mr Riley's work performance.

As their discussion ended a contracts supervisor doing routine vehicle checks said he could smell marijuana in Mr Riley's vehicle.

Mr Lambourne also identified the scent. He asked Mr Riley and his colleague to take a drug test but Mr Riley twice refused, pending advice from his union organiser.

He was suspended on pay pending a further investigation.

In a disciplinary meeting the next day, Mr Lambourne said the refusal was unacceptable.

Mr Riley, who was then willing to undergo a drug test, was sacked.

Ms Monaghan said while Mr Riley's role was "not blameless" she said he was aggrieved at not having the opportunity to clear his name.

"I accept that matter is capable of attracting compensation," she said before awarding him $3000.

The Herald understands the company will not appeal.