A falling out between a son employed by his father in a family business, has led to the son being awarded nearly $17,000 for being unjustifiably dismissed.
Digger driver and labourer Nathan McDermott worked as many as 65 hours a week for his father Charles McDermott who owns MDT, a Kaikohe-based earthmoving company.
A decision by the Employment Relations Authority (ERA) found the younger McDermott had been abruptly fired by his father after the accusation of “telling everyone our business” and gossiping about his fathers relationship with his then-partner at the time.
The younger McDermott told the ERA in March 2013 he received a telephone call at home on a Sunday – his one full day off of the week – from his father demanding that he attend a meeting at his house immediately.
According to Stuff, no reason was given and he was not advised to bring a support person.
When younger McDermott arrived at his fathers property, several people were present and his father accused him of “telling everyone our business.” The son took this to refer to a conversation he had had with another contractor about the owners of another excavation business.
The ERA was told by the younger man that the meeting became heated and ended with the older man telling him he was sacked.
The son responded with “F**** that shit, I am out of here.”
McDermott Senior responded by telling his son to return a company vehicle and mobile phone.
McDermott Senior told the ERA the meeting was purely a personal matter, concerning an allegation that the younger man had been gossiping with clients about his fathers relationship with his then-partner.
The ERA member Eleanor Robinson says in her ruling that while the meeting was concerned with a purely personal matter, it had consequences for the employment of the son.
“There is no dispute between the parties that a direct result of the meeting had been the termination of Mr [Nathan] McDermott’s employment.”
She found the younger man had been unjustifiably dismissed.
“I accept that this is a situation in which a familial and employment relationship were closely combined, however there remains the onus on MDT to behave as a fair and reasonable employer towards Mr McDermott as its employee, and this it failed to do.”
Robinson ruled that MDT should pay Nathan McDermott $7260 for lost wages, $6000 for hurt and humiliation, $132 for notice entitlement that he had not received, $544.50 for hours worked but not paid, and $1487.62 for outstanding holiday payments.
