KEY POINTS:
A man who challenged his dismissal after allegedly using drugs while at work has been ordered to pay his former employer more than $4000.
Jeremy Hill took his claim against New Zealand Van Lines to the Employment Relations Authority.
He sought reinstatement, claimed his dismissal was unjustified and
unfair, and wanted lost wages and compensation.
But at his meeting with the authority's member, Paul Stapp, Mr Hill withdrew his application for reinstatement though he continued his claim for compensation.
In his determination issued today, Mr Stapp said Mr Hill had started his employment with the company in March, 2005, as a packer in Palmerston North.
On March 5, this year, a new employee, Selen Can, started work at the same depot.
She was rostered to drive to Levin with Mr Hill to pack a house.
During the trip Mr Hill asked her, while she was driving, if it was okay if he had a smoke.
Ms Can said she knew that meant marijuana, because before that they had been smoking cigarettes,
She said he got a pipe out of his bag and lit it.
Because she was a woman alone, and did not know how Mr Hill would react because she did not know him, Ms Can said she did not say anything.
When they got to Levin, Ms Can said Mr Hill worked slowly, "mucking around and going to sit in the truck".
On the return trip he lit the pipe again. She said she knew the smell very well because her son had been a user of marijuana and she hated the smell.
Back in Palmerston North she told operations supervisor Michael Cowles what had happened.
Mr Cowles reported the matter to branch manager Kay Westergaard, who went to Ms Can's home later that day to talk to her about it.
She agreed to write a complaint and handed it in on March 6.
On March 7 Mr Westergaard handed Mr Hill a letter, suspending him, and telling him a disciplinary meeting would be held on March 10.
Later on March 7, Mr Hill alleged that Ms Can's partner, whom he named, had smoked in a company vehicle on a trip to Ohakune.
At the March 10 meeting Mr Hill's support person, his mother Barbara Hill, raised an accusation that Mr Westergaard had condoned drug use at the company's Christmas barbecue in 2005.
The meeting was adjourned and Mr Westergaard decided to interview Ms Can again. She was adamant Mr Hill had smoked the pipe twice in the vehicle and he had smoked an illegal drug.
Mr Westergaard decided to believe Ms Can and concluded serious misconduct had occurred.
On March 11 he reconvened the meeting and dismissed Mr Hill.
Mr Stapp, in his determination, said the matter involved a number of credibility issues and the reliability of some evidence. He preferred the evidence of Ms Can, Mr Westergaard and Mr Cowles.
He said Mr Hill was not clear about his evidence, changed it where he was confused and could not recall matters he could reasonably be expected to comment on.
Mr Stapp concluded that Mr Hill was not disadvantaged in the process and dismissed his claims, ordering him to pay Van Lines $3969.25 in costs and $110.80 disbursements.
- NZPA
