Apprentice Unjustifiably Dismissed Even After Telling Boss He’d Put a Nail Through His Skull

Yes, you read that right.

In a recent decision from the Employment Relations Authority (ERA), an apprentice was recently found to be unjustifiably dismissed after he told his site foreman he’d put a nail through his forehead.

 

Background

Matthew Cooper was an apprentice for NXT Level Construction Limited in Queenstown. He had been employed for a month before he lost his job.

 

Incident

The incident occurred on the 30^th of July 2022 was built up of a few different instances that resulted in the final altercation. It started when the foreman yelled at him while they were putting up framing.

Cooper then asked the foreman to lower his music because it was drowning out his own.

The situation escalated when there was a disagreement over the use of a grinder shortly afterward.

Finally, while he was marking stud heights, the foreman approached him and criticized his use of a pencil.

Cooper claimed that during a heated exchange, the foreman moved toward him aggressively, prompting him to suggest the foreman back off or he would “put a nail through your skull.”

Cooper clarified that he meant the threat metaphorically.

The foreman responded by ordering Cooper off the worksite and informing him that he was fired.

Cooper lodged a personal grievance which later resulted in a hearing before the ERA.

 

Claims of Employer

The building company claimed they had the right to dismiss Cooper on the grounds of his employment agreement’s 90-day-trial provision.

 

Holding

The ERA held that the building company did not have the right to rely on the employment agreement’s trial provision. They found that Cooper had not agreed to the provision and therefore could not be used to justify their dismissal.

The Authority awarded $8000 in damages for unjustified dismissal and $1952.32 in unpaid wages.

Authority member David Beck said in the decision “I find, while there were ostensibly grounds to consider dismissal for serious misconduct, the actual dismissal was enacted before any investigation or semblance of a fair process commenced,”

 

Takeaways

Effective communication between employers and employees is crucial in preventing misunderstandings and conflicts in the workplace. Misinterpretations, especially in tense situations, can lead to serious consequences.

Both employers and employees should be equipped with conflict resolution skills to de-escalate situations before they escalate. Training in communication and conflict management can help avoid unnecessary disputes.

When in doubt about employment matters or handling disciplinary actions, employers should seek legal advice to ensure compliance with employment laws and regulations.

 

If you are unsure about your rights as an employee or obligations as an employer, please get in touch with the team here at Watermark Employment Law – we offer free initial consults and would love to assist you in this matter!