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Nigel Ede was unfairly fired by insulation company MAXRaft after a disagreement at a staff meeting turned ugly, discovered David Beck of the New Zealand Labor Relations Authority.
The incident occurred on March 13 last year when the company’s director and CEO, Henry Edney, addressed staff at the firm’s office on Glenda Dr, Queenstown.
Mr. Ede expressed his views on the workload, software updates, and outsourcing.
He admitted that he “flew out of control” and then left the room “before saying something he would regret.”
He was then chased around the office and out of the building by Mr. Edney and the couple argued with the manager, but he told Mr. Ede that he was suspended.
A subsequent email confirming the suspension said that a preliminary investigation would take place, but Beck found that this did not happen.
A meeting between Mr. Ede, Mr. Edney and two other directors of the company was held six days later.
Beck was unhappy that Edney was involved in the disciplinary process and also said the general manager “should have looked more carefully at his contribution” to the “confrontation.”
For his part, Edney defended his decision to follow Ede, stating that he wanted to make sure he “left safe and sound as there were other employees working in the office that he had to pass through to get out.”
During the March 19 meeting, Mr. Ede apologized for his actions, but the company directors thought this was disingenuous and “there was a high probability that this type of behavior could happen again.”
They subsequently met again and decided to fire Mr. Ede, without discussing any other form of disciplinary action.
In his decision, Mr. Beck concluded that it was not “fair and reasonable” to dismiss Mr. Ede and his behavior “could only fairly be regarded as misconduct at best that would justify a written warning with some conditions attached. “.
Mr. Ede was unable to find alternative employment until September, and therefore lost $ 32,307.
His attorney asked for $ 40,000 in compensation, but Mr. Beck felt that $ 25,000 was more appropriate.
The Labor Relations Authority member then reduced the sums by 10% for the events that led to the dismissal, which included outbursts from Mr. Ede to a colleague and client in February, and decided that the company should pay $ 29,077 gross. for lost wages and $ 22,500 compensation.
Mr. Ede had justified his transgressions by the stress of workload, personality clashes, and being out of place.
