Zachary Marchand was fired from his job as a tyre technician. Photo / Stock Image 123rf
Zachary Marchand was fired from his job as a tyre technician. Photo / Stock Image 123rf
A tyre technician who temporarily lost his driver’s licence and was caught on his phone while on the shop floor was told by his boss to “f*** off” and subsequently fired.
While Tyres 2 Go Blenheim Road Limited manager John Taylor stands by his decision to sack Zachary Marchand, claiming it was justified as the job involved driving and the employee’s licence had been suspended due to demerit points, the Employment Relations Authority (ERA) has found otherwise.
The ERA ruled the dismissal was unjustified and now Taylor must pay Marchand more than $16,000.
In the recently released decision, the authority concluded the tyre company had not raised concerns about Marchand’s loss of licence prior to his dismissal, nor had it considered how to work around the suspension.
It had also not raised any concerns with Marchand about his use of his cell phone at work, or his alleged argumentative attitude, which, along with the loss of licence, were identified as the substantive reasons for his sacking.
Taylor told NZME he was surprised by the outcome and didn’t think it was fair at all.
He said even though driving is a small part of the job, it was still required of Marchand and he was unable to meet those requirements for a time.
“As the company owner, what do I do here? You cannot just expect [an employee] to do half the job and expect others to help,” he said.
“I wasn’t the one who caused him to lose his license ... it’s not logical.”
Taylor is now waiting on legal advice before deciding whether to appeal the decision.
Marchand did not wish to provide comment but through his representative, Alex Kersjes, said he was very pleased with the result.
“This matter reflects the Employment Relations Authority’s fantastic ability to uncover the reality of a situation,” Kersjes said.
The decision set out how Marchand began his employment with Tyres 2 Go in December 2019 as a tyres and wheel alignment technician but was dismissed in March 2021.
His work included driving customers’ cars on public roads to confirm any issues and driving company vehicles, however, the job description didn’t state that a valid driver’s licence was required.
In August 2020, Marchand was charged by police with a driving offence and his vehicle was impounded but his licence was not affected at the time, the decision stated. He was due to appear in court in February 2021 but the charge was withdrawn.
That same month, police arrived at Tyres 2 Go and served Marchand with a notice, suspending his licence for excess demerit points. The decision did not state the period of the suspension.
Following this, Taylor claimed he gave three letters to Marchand from February 18 to March 1, 2021, referencing the termination of Marchand’s employment. He alleged Marchand had refused to provide any information on the suspension.
The Employment Relations Authority has found Marchand's dismissal was unfair. Photo / Stock Image 123rf
None of the letters were signed and Marchand denied he had ever received them and said an investigation meeting with Taylor had not taken place.
When Marchand questioned Taylor’s grounds for the instruction, Taylor allegedly told him to “f*** off”. Taylor then said the reason he had to leave was because he was on his phone, had no licence and was arguing, Marchand told the ERA.
Marchand said at that point he thought it best to go home so Taylor could “cool off”.
But Taylor disagreed with this, stating when he asked Marchand to put his phone aside and work on a car, Marchand allegedly responded “f*** this, make me.”
Taylor claimed Marchand then began to throw around tools and “threaten” him with the extension bar.
Marchand said that when he returned to work the next day Taylor told him he wasn’t wanted there and to go home.
Taylor told the ERA he had told Marchand to leave because of his “violent attitude”. But that account had not been given earlier, the authority found.
After looking through texts that followed the interaction, Cheyne found that Marchand’s evidence was more reliable, as Taylor’s showed inconsistencies.
The decision stated that Tyres 2 Go did not provide written reasons for the dismissal even when Marchand requested it.
“Not investigating, not raising concerns, not giving an opportunity to respond and not considering a response were not what a fair and reasonable [employer] could have done in the circumstances at the time.”
Cheyne also said the company did not consider whether work could be reallocated to other staff to accommodate for Marchand’s licence suspension.
Tyres 2 Go was ordered to pay Marchand $15,000 compensation for the “harm suffered” by losing his job with a further $1800 for lost wages.
