Boss to appeal $94,000 penalty
A Timaru boss ordered to pay an employee almost $100,000 has lodged an appeal against the decision.
Wallace & Cooper managing director Gary Cross was ordered by the Employment Relations Authority (ERA) to pay an employee, James Irvine, $75,000 for lost wages and $19,000 compensation.
Mr Cross said yesterday an appeal had been lodged with the Employment Court and, because it was before the court, he could not say anything more.
Neither could he comment on a report that Andar's social club last week posted a notice announcing a "No more snivelling about pizzas" lunch-shout to mark the anniversary of Mr Irvine's departure.
"I can't comment, because I know nothing about it, and it's actually the social club."
He did confirm, though, that mediation had occurred with an Ashburton employee, Ruth Lassen, and had been settled out of court. The details of the mediation were confidential, he said.
In his case to the ERA, Mr Irvine, whose salary was $150,000 a year, had sought $300,000 for lost wages and $30,000 compensation.
Mr Irvine was sales and marketing manager at the Timaru-based engineering firm for six days from June 21 last year. He began working for Wallace & Cooper, after it bought Andar Holdings, where Mr Irvine was managing director.
On June 23, Mr Irvine and Mr Cross became involved in an argument after Mr Irvine questioned why he had not received his pay.
During the conversation, Mr Cross said: "You're no longer in the front corner office. You are now in the back office! You are a piece of s... and you do exactly what I tell you! If I tell you to s... in a corner you s... in a f...ing corner."
Mr Cross denied he swore at Mr Irvine.
On June 27, Mr Irvine handed his resignation letter to Mr Cross, giving an hour's notice. Mr Cross asked for Mr Irvine's mobile and car keys, which turned into a heated exchange. Mr Cross then called Mr Irvine a "f...ing sniveller". A physical altercation occurred.
An ERA decision found Mr Irvine had been "unjustifiably dismissed constructively" and "grossly humiliated and degraded" by Mr Cross.
- © Fairfax NZ News