ERA rules employee left role 'without good reason'
An unqualified builder has been ordered by the Employment Relations Authority (ERA) to pay his former employer $3,000 after he abandoned his job "without good reason."
Mark Allan Robinson was hired by Timaru-based Armour Group Limited (AGL), trading as Ranger Specialist Coatings, as an unqualified builder in July 2022.
Their employment relationship ended when Robinson abruptly walked away from his employment in January 2023 while working on a refurbishment project.
Robinson claimed that he left because there were some AGL employees who had made "defaming remarks about him."
Missing items
On his departure, Robinson used the company-provided car to drive home and only returned it on the same day outside business hours.
But according to AGL, there were 18 items missing in the vehicle, which the company said was used as a "carriage for tools."
The company attempted to reach out Robinson about the missing items - but only received a response in late February, where the builder denied holding any AGL property, claiming that all tools in possession were his own.
In the same response, however, Robinson also indicated that the tools with him were equipment that he had previously arranged for AGL to purchase so he can use for work.
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Final pay dispute
AGL had warned Robinson that if the items were not returned, they would seek his consent to make an unspecified deduction from his final pay.
According to the employer, the company is unable to process a final pay to Robinson until the matter is resolved.
Robinson, however, cited the Wages Protection Act and underscored that he had not agreed to any deductions to his final pay.
By March, AGL relented and processed the employee's full final pay, but filed a case to the ERA alleging that Robinson breached his contract for not providing a resignation notice.
ERA's decision
The ERA sided with the employer in the situation, ruling that Robinson breached his contract with AGL for not giving them an earlier notice of his departure.
Robinson did not participate in the investigation, and the ERA relied only on his texts and emails to his employer regarding the case.
"The content of such exchanges displayed an unwillingness to acknowledge that he failed to allow AGL to address any of his concerns before he abruptly left his employment," the ERA said in the court document.
"I find the circumstances of Mr. Robinson leaving his employment on 19 January 2023 amounted to an abandonment without good reason and he breached his employment agreement by failing to give one month's notice (effectively 20 working days)."
Robinson was then ordered to pay $3,000 to his employer for his abandonment and failure to work out an agreed notice period.
The AGL also sought reimbursement for the cost of tools that they supplied Robinson, but the ERA said it was unable to resolve the claim because the employer failed to provide a detailed breakdown of the cost of the tools.