Thurston firm in trouble over firing of worker

A company owned by embattled Manawatu businessman Ken Thurston has got itself into more trouble by unjustifiably firing a worker.

Aotearoa Coolstores, which is now in receivership and liquidation, has another bill to add to Mr Thurston's problems – $3040 in compensation and lost remuneration for sacked employee Nathan Pearson.

He already has a bill for $187,545 after he lost an appeal to the High Court over pollution fines copped by another one of his businesses, Tawera Land Company.

The Employment Relations Authority (ERA) ruled that Mr Pearson, a casual coolstore worker, had poor work attendance and output, but he should have been given a formal warning before being sacked.

At least seven times in 10 weeks, the former employee of Aotearoa Coolstores was absent without prior notice, claiming ill health. He was sacked in June last year.

The authority said Mr Pearson's boss at the time, Marlene Waara, made it clear his behaviour was unacceptable, but "there was never any formal disciplinary process undertaken or any specific warning given". Mr Thurston is Aotearoa Coolstores' only director and shareholder.

He told the Manawatu Standard he had never met Mr Pearson and he knew nothing about the dispute.

He asked the Standard how large his fine was and then said he had more important things to worry about.

The court said, however, that Mr Thurston provided a witness statement.

He was expected to attend the hearing, but didn't because he had "more important things on", his lawyer Nigel Peterson told the court.

The court also said Mr Pearson rang Mr Thurston after losing his job.

"Mr Thurston confirmed that he had lost his job and that he had done his dash this time," the ERA wrote in a summary paper.

Asked about this, Mr Thurston re-stated he had not met Mr Pearson, but he believed his staff made the right call.

The authority said Mr Pearson's "blameworthy actions significantly contributed to the situation" that led to his dismissal.

"There is no doubt that had Mr Pearson been given a formal warning and had his performance not improved, he would have been liable to dismissal.

"No employer can expect to put up with an employee whose attendance, attitude and work performance was as poor as Mr Pearson's. On the other hand, Mr Pearson's performance may have improved if he had been given a formal warning."

Ms Waara has also previously successfully brought a personal grievance case against Aotearoa Coolstores, though it is being challenged. The first liquidation report on Aotearoa Coolstores is due next week.

- © Fairfax NZ News