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Man sacked for smoking 'pot' wins damages

Last updated 00:00 16/11/2007

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A man who was sacked because his boss thought he was smoking cannabis at work has been awarded $14,000.

Caleb Ayers, a solid plasterer, was fired after his boss thought he was smoking cannabis on site at Hornby in Christchurch. He was smoking a roll-your-own cigarette.

The Employment Relations Authority has ruled that Mr Ayers was "unjustifiably dismissed" from his employer Quad 2000 Ltd.

On July 14 Mr Ayers was working with two other employees of the company and his boss, Tim Maguire.

Mr Maguire had asked to see the crew after one of their smoke breaks.

When Mr Maguire went to the car where they were sitting, he accused all three of smoking cannabis.

They all denied the allegations and said they had been smoking roll-your-own cigarettes.

Mr Maguire searched the car and found no evidence, but dismissed all three on the spot.

Mr Maguire told the Employment Relations Authority he had become a bit heated during the incident.

Mr Ayers father, Philip Ayers, told the authority Caleb had become "morose and withdrawn and stopped going out with his friends...because he did not have any money".

The authority ruled in favour of Mr Ayers and awarded him a total of $14,072.47.

This was made up of; $7280 for loss of wages, $92.47 in holiday pay, $4500 compensation for hurt and humilation, and $2200 in costs.

NZPA

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