KEY POINTS:
A man who made a fellow worker's life hell has lost his claim that the pair's employer dismissed him because it wanted to avoid the cost of making him redundant.
Instead the Employment Relations Authority (ERA) found Auckland-based Buckley Systems Ltd (BSL) was justified in sacking Brian Dunn for his abusive and aggressive behaviour toward Brian Manderson.
During the hearing the authority heard allegations that Mr Dunn:
* Poured yellow or brown coloured primer down the bottom half of Mr Manderson's overalls, making it appear he had soiled himself;
* Caused Mr Manderson to take fright by making loud and sudden noises behind him;
* In a series of incidents in December 2007, knowing the smell of tuna made Mr Manderson sick, filled Mr Manderson's gloves and facemask with tuna, as well as smearing it on some of his equipment;
* Threw acetone on Mr Manderson;
* On occasion blamed poor workmanship on Mr Manderson when Mr Dunn was the culprit;
* Threatened to plant drugs in Mr Manderson's locker and car if Mr Manderson complained;
* Punched him;
* Drove a fork lift in a way that threatened Mr Manderson's safety.
Both men were employed as painters on the night shift at BSL, a manufacturer of large precision electromagnets and other specialised engineering equipment.
Matters between them came to head in March this year when staff members reported an incident between the pair.
At an investigation meeting Mr Manderson said he had had a piece of masking tape stuck to his finger and was attempting to flick away when it hit Mr Dunn, who took umbrage and punched him several times.
Mr Dunn said Mr Manderson and he were having a disagreement about positioning a piece of equipment and Mr Manderson had flicked the tape at him.
He had regarded that as an assault and, believing Mr Manderson was about to flick more tape at him, reached around Mr Manderson to attempt to take it off him.
Sandra de Kock, BSL's general manager-operations, spoke to both men who were evasive about details.
Later Mr Manderson said he wanted to resign. He had been back at work eight months after a serious car crash and felt he was not working to the required standard and his rehabilitation was going slowly.
His resignation was accepted.
Later Ms de Kock received anonymous text messages on her mobile phone, accusing her of tolerating bullying behaviour.
Then the bullying issue was raised by a union delegate.
She carried out an exit interview with Mr Manderson who then told her of the incidents which had become increasingly more aggressive.
Ms de Kock investigated further and other employees gave details of being aware of some of the incidents.
The eventual outcome was that Mr Dunn was told the company considered he was guilty of serious misconduct and was dismissed.
Later the night shift was restructured, but ERA member Rosemary Monaghan said she had no hesitation in finding the dismissal was imposed for the reason given by BSL.
She concluded that an employer acting fairly and reasonably would have decided to dismiss Mr Dunn.
- NZPA
