A Nelson cruise ship engineer who sent emails to a client complaining about his employer has been awarded $44,000 in lost wages and compensation.
Engineer Stuart Hurst blamed his employer, Wartsila New Zealand (WNZ), for several problems with his job, including repeated mechanical failures and unkept promises.
In 2014 he expressed his frustration in a series of emails sent to staff at Princess Cruises, the ship’s owner and client, and partner company Wartsila North America (WNA).
An Employment Relations Authority (ERA) decision released in June said WNZ felt Hurst “discredited and undermined it such that it caused WNA to stop providing business”.
Company human resources manager Andrew Segula fired Hurst via email on April 8, 2014.
The ERA found Hurst was unjustifiably dismissed and awarded him $37,443.18 in lost wages and $7000 in emotional-harm compensation.
WNZ had not conducted a fair investigation, and regardless of Hurst’s failings, the decision said he was entitled to one.
In the emails, Hurst said “highly relevant information” from previous Sea Princess overhaul reports was not made available to him while he was working on the ship.
He was also frustrated as he said materials and tools he requested for the work had not been organised and he had difficulties gaining security clearance and accommodation on board. These had caused delays.
In one of his emails he asked recipients to ensure there were “no surprises lurking to bite the next candidate (who works on the task) where it hurts”.
In another email to wider staff and Princess Cruises he said “no one involved in the planning process of this machining exercise bothered to check any previous history” and “the guys at the sharp end should carry any blame”.
In the ERA report, WNZ said Hurst had acted in an “unethical manner” and “in breach of [the company’s] code of conduct by sending harmful emails” that resulted in immediate cancellation of some of the company’s upcoming work.
Hurst, who had been with the company for 10 years, accepted that in some cases his emails were inappropriate.
Princess Cruises’ technical superintendent Greg Jackson told the ERA all information Hurst needed was in overhaul reports kept on the ship.
The ERA found Hurst’s dismissal process was flawed and that a proper investigation and fair hearing had not been held.
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Source: Stuff
