KEY POINTS:
The unjustified dismissal of a young worker for alleged theft of scrap steel has cost a Christchurch crane company more than $12,000.
Employment Relations Authority member Helen Doyle said in her determination that Smith Crane's decision to dismiss Nicholas McCloy was not what a fair and reasonable employer would have done in all the circumstances.
Mr McCloy was employed by Smith Crane and Construction Ltd from July 2007 until his dismissal on March 28 last year.
The company said Mr McCloy had admitted stealing supplies and being late for work and was justifiably dismissed.
Mr McCloy said his usual hours were 7am to 5.30pm but, because he was 10 minutes late on March 28, he worked through his smoko break.
When he was first employed by the company, he had told them his father was terminally ill with cancer and he helped his mother care for him, sometimes making him late.
He said he had borrowed a truck, with the permission of company director Tim Smith, the previous weekend and taken it to Ashburton to collect an engine he had bought.
During his lunch break, he saw two pieces of steel on the scrap pile that he thought would work as hooks for his hoist at home. He took them and worked on them during his lunch break.
He said he often did that sort of thing with scrap metal when he was learning to use his tools, throwing the metal back on the scrap pile when he had finished.
At the end of the day, with about three minutes to go, Mr McCloy said he decided to finish the hooks.
Plant manager Mike Dickson asked him if he was making the hooks for the company or himself and Mr McCloy explained.
Mr McCloy was then called into Mr Smith's office and told he was fired for theft. He described Mr Smith as "blowing him up and then firing him".
Ms Doyle said the company twice failed to attend mediation meetings and, when mediation did take place, it did not resolve the issue.
Smith Crane did not attend the authority's investigation meeting on December 4 last year and the authority heard evidence from Mr McCloy and from his mother, Raewyn McCloy.
Ms Doyle awarded Mr McCloy $2705.58 in lost wages, compensation of $8000 and costs of $2070.
- NZPA
