A truck driver fired for allegedly writing offensive messages on recycling bins has been awarded $39,000 in compensation, penalties, and unpaid entitlements by the Employment Relations Authority (ERA).
Background
Darcy Harrison worked as a recycling truck driver for Keith Burmeister Contracting in Feilding from February 2019 to October 2020.
Harrison often encountered recycling bins that couldn’t be emptied due to various reasons, such as contamination with non-recyclable waste, hazardous materials, or inaccessibility.
In this event, he was supposed to put a pre-printed sticker on the bins explaining why they couldn’t be emptied. However, there was often a delay in getting these stickers from Smart Environmental’s office, which made him late for his rounds.
Issue
One day, without any stickers, Harrison wrote on a bin with a felt-tip pen. According to his employer these words included the “f-word”.
When he returned to the yard, he was told he was in trouble for writing on the bins. Despite being warned previously, he did it again.
Burmeister dismissed him telling him he had lost the company the contract because of his actions.
Harrison took this matter to the ERA on the grounds of unjustified dismissal.
ERA Holding
The ERA found that although Harrison’s offensive messages contributed to the end of his employment, Burmeister did not properly investigate the matter or clearly communicate the issues to Harrison.
Burmeister’s firm was ordered to pay $16,000 in compensation for hurt and humiliation, a $4,000 penalty for failure to keep or provide wage and time records, with half going to the Crown and half to Harrison, and almost $21,000 in lost wages and entitlements.
Takeaways
This case is a reminder that due process must be followed even when dismissing an employee for serious misconduct.
Although Harrison’s actions contributed to the end of his employment, the ERA’s ruling suggests that the employer’s response was disproportionate. Employers should ensure that disciplinary actions are proportionate to the misconduct and consider alternative solutions before resorting to dismissal.
Employees have the right to challenge dismissals they believe to be unjustified. Harrison’s successful appeal to the ERA demonstrates that employees can seek redress and compensation for unfair treatment, including compensation for hurt and humiliation, penalties, and lost wages.
If you are unsure about your rights and responsibilities as an employee or employer, please get in touch with the team here at Watermark Employment Law.
We are proud to offer initial consultation calls free of charge.
Watermark Employment Law are specialist employment lawyers acting for employers and employees.
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