The employee’s mother said the dismissal had left him visibly upset, increasingly withdrawn and depressed. She said she became extremely worried about his mental health.
Pirere’s message to the employee on the group chat was seen by the ERA: “Sorry [employee] we not picking you up man... Pulled you up so many times and your (sic) doing the same s**t....
“Thanks for giving is (sic) a go mate. But we honestly think this jobs (sic) not for you man [thumbs up emoji]. Goodluck (sic) bud...”
The employee sought compensation for lost wages and for humiliation, loss of dignity and injury to feelings.
ERA member Rowan Anderson said, “The approach to the dismissal ... is of significant concern. This is ... more so ... having regard to ... what would very obviously have been an embarrassing and humiliating experience.
“Pro Pine’s actions in dismissing [the employee] were not merely unjustified, they were abhorrent.”
Pirere emailed the ERA, saying, “Tell [the employee] because of idiots like him we no longer want to be in business. We are no longer in business. We have no money to give as we are claiming bankruptcy.
“F**k off and leave us alone.”
Anderson said, “Pro Pine has not engaged in any meaningful way with the Authority’s investigation and nor has it offered a justification”.
Anderson said Pirere’s group message “falls woefully short of providing a substantive justification for the dismissal.
“I consider it clear on the [employee’s] evidence, which is unchallenged and which I accept, that dismissal was procedurally unjustified,” Anderson said.
Anderson also found in favour of the employee’s claim he was unjustifiably disadvantaged.
The employee claimed his pay rate was reduced on his third day of work without Pro Pine consulting him first.
The ERA saw the employee’s evidence he and Pro Pine agreed to $25 an hour. Pro Pine reduced the wage to $21 an hour.
Andrew said, “There is no evidence of a substantive justification for Pro Pine’s actions”.
The ERA ordered Pro Pine to pay the employee $3927.60 in wage arrears, $360 annual holiday pay, $9000 compensation for lost wages, $22,500 compensation for hurt and humiliation and $7000 in penalties.
Pro Pine was ordered to pay a total of $42,836.60 within 28 days of the determination, made on August 28.
Raphael Franks is an Auckland-based reporter who covers breaking news. He joined the Herald as a Te Rito cadet in 2022.