According to the authority’s finding, Green’s comment in the email was made alongside genuine concerns with the new roster proposal.
“If the goal is to completely shut down Papamoa, this is the way to do it.
“I’ve already had to plead with one driver not to quit today, just based on what’s currently lined up for him in the school holiday rosters,” Green’s email said.
“If this proposal goes ahead, he’d be gone, as would many, many more.”
Jay Zmijweski, the company’s chief operating officer, replied raising concerns about the nature of Green’s Hitler comment.
“I will be asking [another superior] to meet with you and discuss this matter further as I need to be confident that you can meet the standard required of an NZ Bus employee and supervisor moving forward.”
Green waited four days to respond to the email, before accusing Zmijweski of bullying.
“Now that is offensive. Unwarranted, undeserved, personally insulting, and frankly, [an] abuse of your position as COO.”
“I suspect you took umbrage because this is your idea?” he added.
The next day, another employee - whose name was withheld from the decision - organised a disciplinary meeting with Green.
Green was suspended immediately on full pay while an investigation was conducted into “an allegation that you have failed to align with our company values”.
Green then penned a letter to Zmijewski, apologising “unreservedly” for his “disrespectful and unprofessional” actions.
“Do I regret what happened? Totally. Was I being deliberately disrespectful or unprofessional? Absolutely not. Will I make the same mistake again? Not in this lifetime,” Green wrote.
A further meeting was held in January 2021, after the Christmas break, where Green explained his position and apologised again.
Another meeting was held in early February, attended by Green and a union representative. At this meeting, NZ Bus proposed dismissal and invited Green to share his views within three days of the meeting.
The union representative wrote back proposing an alternative consequence, such as writing a letter of apology or the use of a performance improvement programme, but NZ Bus decided to progress with the dismissal.
According to the authority’s finding, informed by Zmijweski’s evidence, had Green apologised immediately after making the comment, the matter would have been resolved.
“[Zmijewski] considered Mr Green’s comment regarding the Hitler family to have trivialised a very important and deeply tragic period of recent history and to be offensive,” authority member Eleanor Robinson said.
“Considering whether the email comments constituted abuse, I find that while the first email was not personally abusive of Mr Zmijewski, the comments in the second email could be considered abuse of him noting the ‘taking umbrage’ comment and the accusation that Mr Zmijewski was abusing his position as COO and of managerial bullying.”
She found the comment constituted the abuse of another employee.
“Although the decision to dismiss Mr Green in light of his later repeated apologies might be seen as severe, I find that NZBT acted as a fair and reasonable employer could have acted in all the circumstances at the relevant time.”
Green’s claim was dismissed.
