A business owner told the Employment Relations Authority (ERA) to "f*** off" after a former employee filed a complaint against the company.
The former employee, who has name suppression, claimed they were unjustifiably dismissed from their employment in June last year when Akuhata Pirere, director and sole shareholder of Pro Pine Silviculture Ltd, messaged them in a group chat stating, amongst other things, that he did not think the job was for them.
They also claim they were owed wages and leave entitlements, as well as an award for compensation for humiliation, loss of dignity, and injury to feelings.
Pro Pine chose not to engage or attend the investigation meeting, with Pirere sending an email to the ERA in March 2023 that read:
"We no longer are in business... F*** off and leave us alone... We have no money to give as we are claiming bankruptcy... Tell [the employee] because of idiots like [them] we no longer want to be in business..."
The complainant's employment with Pro Pine began in May 2022 after Pirere gave the future employee his card in the car park of New World Marton in February or March 2022 and advised that he was looking for workers for his forestry company, Pro Pine.
They then responded to an advertisement on the Marton Job Search Facebook page, contacted the number provided and were told to come for work experience.
The next day they were invited back to commence employment, but were never presented with an Individual Employee Agreement or contract.
Initially, the employee said they were told they would receive piece rates, which means paid by a set amount of work being carried out, for example a fruit picker is paid by the barrel collected.
However, they said by the time they commenced work there was an agreement of a $25 hourly rate until they got the hang of the job. On their third day of work, this was reduced to $21 an hour.
ERA member Rowan Anderson found that there was no agreement regarding the reduction in pay.
"Whilst there appears to have been some later discussion about piece rates, and TUJ, (the employee's pseudonym) was paid on that basis on one occasion, I am not satisfied that any such discussion was sufficient to supplant the agreement that was reached as to the hourly rate of $25.00 per hour.
"I am satisfied that TUJ was unjustifiably disadvantaged by the unilateral reduction of their hourly rate."
He found they were also not paid for annual holidays, which they were entitled to.
On June 15, 2022, a message was sent by Pirere to a group chat of which the employee was a member, which said:
"Sorry [the employee] we not picking you up man… Pulled you up so many times and your doing the same shit... Thanks for giving is a go mate But we honestly think this jobs not for you man [thumbs up emoji] Goodluck bud…"
Anderson said that no procedural justification was offered and that the dismissal was "procedurally unjustified".
"Pro Pine's actions in dismissing TUJ in a group chat were not merely only unjustified, they were abhorrent. The dismissal, and Pro Pine's actions were not open to a fair and reasonable employer.
"The group message arguably indicates some dissatisfaction with TUJ's level of performance. However, it falls woefully short of providing a substantive justification for the dismissal."
The employee's mother gave evidence at the investigation meeting, saying that the former employee was "visibly upset, grew increasingly withdrawn and became quite depressed".
Pirere also came to the employee's home to threaten them, saying that he "knew people" and that they should "be careful".
Anderson found that the employee was significantly and negatively impacted by Pro Pine's actions.
Pro Pine was ordered by the ERA to make payment of $3927 as arrears for wages due; $360 for annual holidays; $9000 to the former employee as compensation for lost wages; $22,500 to the former employee as compensation for hurt and humiliation; and $7000 in penalties, $4000 be paid to the Crown and $3000 to be paid to the former employee.
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