Worker told to pay boss $7518

A man who claimed unjustifiable dismissal has been ordered to pay his employer more than $7000 compensation for running a sideline business.

Graeme Hooker worked at the Whitianga Refuse Station, which is owned by waste collection service Street Smart Limited.

He claimed he was unjustifiably dismissed by Street Smart after the company decided to go ahead with restructuring.

However, the company said it did not dismiss Mr Hooker, but that he stopped coming to work after refusing to provide a medical certificate after taking time off sick. When it investigated, it found he had been running a sideline business selling its scrap metal.

On July 3, 2007, Mr Hooker was sent a letter which said the company had decided to undergo a restructuring. Mr Hooker, who did not have a written employment agreement, was told all jobs were to be disbanded and new positions advertised. He was told to send a letter indicating his interest.

Mr Hooker said he sought legal advice and was told he had been made redundant, but never spoke about this to the company. On July 10, he took annual leave and was due to return nine days later but he did not turn up because he said he was sick.

He did not provide a medical certificate after being asked to by his boss, or turn up to a disciplinary meeting to discuss his absence.

Mr Hooker did not return to work again.

Mr Hooker claimed to the Employment Relations Authority that he was unjustifiably dismissed by the letter sent on July 3.

The ERA ruled Mr Hooker was not dismissed by Street Smart, but left on his own accord. The ERA said Mr Hooker was entitled to be reimbursed three days' wages for the time he was sick and also $1000 compensation for the grievance claim.

But a counter-claim brought by Street Smart meant Mr Hooker was ordered to pay the company more than $7000.

The authority ruled that Mr Hooker knew he was not allowed to sell the scrap metal - owned by the company - and ordered him to pay Street Smart $7518.

Costs were reserved.

- NZPA