The Employment Relations Authority has ordered the interim reinstatement of a Qube Ports worker dismissed after refusing to work with a colleague he considered unsafe at Gisborne’s Eastland Port.
Paul McMillan and Dion Robin were employed by Qube Ports NZ as terminal tractor operators at the port. McMillan was employed permanently, while Robin was engaged on a casual basis.
Following an incident on January 8, 2026, the pair were accused of serious misconduct after refusing to work with a loader operator. McMillan was dismissed and Robin was advised he would not be re-engaged.
The workers raised personal grievances alleging unjustified dismissal and sought interim reinstatement.
In a determination released on April 30, Employment Relations Authority member Sarah Blick found McMillan had an arguable case for unjustified dismissal and permanent reinstatement, ordering Qube Ports NZ Limited to reinstate him on an interim basis.
Robin’s application for interim reinstatement was declined because of uncertainty around whether he was genuinely employed on a casual basis.
The Authority heard both workers had previously raised concerns about the loader operator’s work practices during 2024 and 2025.
McMillan said he had reported an incident in 2024 where the loader operator allegedly drove into him while he remained attached to his trailer. Additional concerns were later raised by both workers, including allegations involving loading practices.
Qube argued the workers’ refusal to work on January 8 amounted to serious misconduct and said their actions caused operational disruption.
The company also maintained the workers’ concerns related more to interpersonal issues than genuine safety risks.
The applicants argued they were entitled under the Health and Safety at Work Act to refuse unsafe work and said the issue should have been treated as a health and safety matter rather than a disciplinary issue.
Blick found the workers’ arguments were “not frivolous or vexatious” and said the Authority could not confidently conclude at this stage that safety concerns had been adequately addressed by Qube.
The Authority ordered McMillan to be restored to the payroll within two days and rostered back to work within seven days of the determination.
