Employer penalised for terminating employee via group chat
The company director of a forestry company told the Employment Relations Authority (ERA) to "f*ck off" in a case involving an unjustifiable dismissal from a former employee.
Akuhata Pirere, director and sole shareholder of Pro Pine Silviculture, was invited by the ERA after he was accused of being unjustified in his move to terminate an employee in a group chat.
In response, Pirere said: "We are no longer in business... F*ck off and leave us alone."
According to Pirere, the company no longer has money and is now "claiming bankruptcy."
"Tell [the former employee] because of idiots like him, we no longer want to be in business."
Employment dispute after hiring
The case stems after “TUJ” reached out to the ERA seeking compensation for lost wages after claiming they were unjustifiably dismissed and disadvantaged by Pro Pine.
According to TUJ, they commenced work at the forestry company on May 12, 2022, for a "work experience" without an individual employment agreement.
Initially, they were told that they would be earning piece rates, but at the time they began work, they were informed that they would be receiving $25 per hour. On their third day, however, they said the pay was reduced to $21 per hour before they eventually earned piece rates.
TUJ's job took place from Monday to Friday, with some weekend work, for nine hours per day. They would also be driven to work at around 7:00 AM before they finish on most days at 5:00 PM.
On June 15, however, TUJ was dismissed from their role through a message from Pirere on the company's group chat which read:
"Sorry [TUJ] we not picking you up man... Pulled you up so many times and your [sic] doing the same sh*t," the message said. "Thanks for giving is [sic] a go mate. But we honestly think this jobs [sic] not for you man [thumbs up emoji]. Good luck bud."
'Abhorrent' dismissal in group chat
The ERA ruled in favour of the employee in the case, recognising that TUJ is an employee of Pro Pines despite not being given an individual employee agreement.
Pro Pines also unjustifiably disadvantaged TUJ in its move to unilaterally reduce their hourly rate of pay absent consultation and agreement.
The employer also unjustifiably dismissed TUJ, said the ERA, while condemning the group chat dismissal as "abhorrent."
"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 ERA said in its decision.
"I find that TUJ was unjustifiably dismissed from their employment with Pro Pine."
The organisation did not challenge TUJ's accusations at the ERA, nor did it also engage with the authority in "any meaningful way."
Pro Pine is now ordered to pay TUJ $3,927.60 as arrears of wages due, $360 for annual holidays, $9,000 as compensation for lost wages, and $22,500 for hurt and humiliation.
The employer is also ordered to pay $7,000 in penalties, where $3,000 will to TUJ, and the rest will be paid into the Crown account.
