Worker reinstated after million-dollar accident

A West Coast coalmine worker dismissed after excavating equipment he was operating was "squashed" in an accident is entitled to compensation, lost wages and reinstatement to his old job, the Employment Relations Authority (ERA) has found.

Doug Hood Mining plant operator Murray Morgan was using an excavator in the Stockton mine on the night shift on June 17, 2008, when the excavator overbalanced and rolled, requiring repairs costing about $1 million.

An accident investigation undertaken by the company found "operating error" to be the cause of the accident.

The company said the error amounted to serious misconduct and dismissed Mr Morgan on July 1.

ERA member Helen Doyle said there was not a full and fair investigation into Mr Morgan's actions before his dismissal.

A fair and reasonable employer would not have concluded it was serious misconduct.

He had been on paid leave, rather than suspension, after the incident and had not been adequately informed the company was considering the accident amounted to serious misconduct, Ms Doyle found.

She accepted that operator error contributed to the accident but there was no evidence that Mr Morgan had acted deliberately or negligently.

Mr Morgan had limited experience and training in operating the excavator and would have needed more training to operate it competently and confidently, she found.

Ms Doyle awarded Mr Morgan $8000 compensation, to be reduced by 25 percent for his contribution to the accident and ordered he be reinstated to his previous position on the week beginning June 1.

She ordered the two parties to agree on the sum in lost wages, from July 1, 2008, to his date of reinstatement, to be paid.

- NZPA