ERA awards man $1000 tells him to pay out $7518

A man scored an own goal when he took his claim for unjustifiable sacking from a Whitianga refuse station to the Employment Relations Authority.

Street Smart Limited, which collects refuse and recycling and operates seven transfer stations throughout the Thames Coromandel district, was ordered to pay Robbie Hooker $1000 compensation for his disadvantaged grievance.

But ERA member Vicki Campbell also ordered Mr Hooker to reimburse Street Smart $7518, proceeds he wrongly kept from the sale of scrap metal belonging to his employer.

In July 2007 Street Smart undertook a mystery shopper campaign to identify issues relating to staff practices at the refuse station.

As result Mr Hooker was asked to attend a disciplinary meeting to discuss an allegation that he had accepted a bottle of whisky rather than a cash payment for dumping of refuse.

Mr Hooker never attended the disciplinary meeting and later advised the company, through his lawyer, that he considered his employment had been terminated.

He claimed his termination was unjustifiable, while the company said he had resigned rather than face a disciplinary process.

The scrap metal claim related to a visit that managing director Grahame Christian made to the Whitianga refuse station where he saw a pile of scrap metal stacked up beside the gate.

He asked Mr Hooker and his brother Graeme Hooker why the metal was there and was told that they sold it themselves.

He asked how much they got for it, and was told it was just "beer money".

Mr Christian investigated further and was staggered at the amounts that SJ Metals was paying for scrap metal from the Whitianga refuse station.

The ERA was told that under the previous operator the practice of selling the metal had been condoned, but after Street Smart took over it should not have been continuing.

The company provided invoices that showed between October 2006 and July 2007 scrap metal to the value of $15,036 was sold from the refuse station.

Ms Campbell said she was satisfied that it was more likely than not that Mr Hooker was aware that he was not to sell scrap metal at least two months after his employment with the previous operator ended and his employment with Street Smart had started.

- NZPA