KEY POINTS:
A man who worked for an award-winning research and development company for less than a month before being dismissed after taking a day off has won a personal grievance claim.
In a Employment Relations Authority determination, former Power Beat International employee Ronald Dams has been awarded three months' lost remuneration, plus interest, and $8500 compensation for humiliation, loss of dignity and injury to feelings, after his honesty was questioned.
Mr Dams began work on a three-month contract as a research and development electronics engineer on July 26, 2004, at the company's Mystery Creek premises near Hamilton airport.
"From that date and for nearly a month until August 23, 2004, in his conduct and performance Mr Dams gave Power Beat no grounds for complaint or criticism," authority member Alastair Dumbleton said in his determination.
On the morning of August 23, Mr Dams rang Power Beat and told two company employees he was taking the day off because his car had broken down during the weekend while he was driving to Tauranga and he was making arrangements to have it repaired.
His absence was reported to Power Beat managing director Peter Witehira.
The following day Mr Dams arrived at work between 10.30am and 11am and sought a meeting with Mr Witehira.
"The two entered a nearby boardroom where they sat down and spoke to each other for a short time, perhaps as little as 10 minutes or less," Mr Dumbleton said.
"No one else was present. After the brief meeting ended Mr Dams collected his things and left Power Beat's premises, never to return."
There was no further communication between Mr Dams and Power Beat until November when the company received a letter from a lawyer advising it that Mr Dams was pursuing a personal grievance against the company for unjustifiable dismissal.
Mr Dams claimed that Mr Witehira had not accepted his explanation for his absence, had made it clear he was no longer an employee and had instantly dismissed him.
He said Mr Witehira had told him he was lying about his car, that if he couldn't sort out his car he was "incompetent and immature", that he "didn't want to see me any more and I would not be paid anymore".
Mr Witehira denied having told Mr Dams he was not going to pay him any more and said that if he had intended to dismiss Mr Dams he would have taken steps to ensure that a satisfactory procedure was in place.
He said that during the meeting he had sought clarification from Mr Dams about the reason for his absence and counselled him about the general need, as part of his job, to be honest and to exercise good judgment.
Mr Witehira said Mr Dams appeared to take no offence and had said it was easier for him to be on the dole rather than working for Power Beat.
Mr Dumbleton found that it was likely Mr Dams believed he had been dismissed.
"For what appears to have been the first time in his one-month employment career with Power Beat, Mr Dams took one day off to attend to something in the nature of an emergency.
"I have found there was no deceit or subterfuge involved in his absence, contrary to what Mr Witehira thought," Mr Dumbleton said.
Mr Dumbleton awarded Mr Dams' three months' lost remuneration, with 11.5 per cent interest from the date of his final pay until he is reimbursed the lost remuneration.
He also said that Power Beat should pay Mr Dams $8500 "to redress the deep and extensive personal harm caused to Mr Dams by his unjustified dismissal".
Mr Dumbleton said he considered Mr Dams was entitled to an award of some costs, but that was reserved to allow his a lawyer to confirm final costs to the authority.
*Power Beat International, founded in 1989, is one of only two New Zealand companies to win the prestigious United States R&D 100 Award.
- NZPA
