A Whangamatā golf coach who was "humiliated" after being dismissed for refusing to get a COVID-19 vaccine has been awarded $15,000 and two months' pay after his dismissal was declared unjustified.
Benjamin Harwood had been employed by Whangamatā Golf Club Incorporated for just over a year before he was dismissed in December 2021 after the club implemented a "no jab, no play" policy.
Feeling the policy was "unreasonable and unfair", Harwood took the club to the Employment Relations Authority" on the grounds the club failed to fairly consider alternatives to dismissal.
These claims were disputed with the club claiming its consultation process with Harwood was fair and that they made clear the consequences of any "non-compliance".
In December last year the ERA ruled in Harwood's favour.
Authority member Marija Ulrich was satisfied the club gave Harwood the opportunity to dispute the policy prior to its implementation and had genuinely addressed his concerns.
However, she found his two weeks' notice to get vaccinated was combined with the dismissal notice.
"This was an incorrect approach because having satisfied itself Mr Harwood could not fulfil the vaccination requirement by the specified date, the statutory scheme required it to then turn its mind to exhausting all possible alternatives to dismissal before giving notice of termination."
Authority member Marija Urlich said that she was satisfied the club gave Harwood a fair opportunity to comment on the policy prior to its implementation and had addressed his concerns genuinely.
However, she found that while the club gave Harwood two weeks' notice of the date he was to be vaccinated, this was "collapsed", or combined, into the dismissal notice period.
"This was an incorrect approach because having satisfied itself Mr Harwood could not fulfil the vaccination requirement by the specified date, the statutory scheme required it to then turn its mind to exhausting all possible alternatives to dismissal before giving notice of termination."
Harwood was awarded $15,000 compensation for humiliation, loss of dignity and injury to feelings, in addition to two months' wages.
Harwood also sought a penalty for breach of the duty of good faith but the ERA declared "This is not a matter for which a finding of breach of good faith could be made or a penalty awarded".
The report states that Harwood "said he was humiliated by his dismissal and the effect on his relationships in the local and golf community had been destructive".
The dispute first began on November 2, 2021 when the club's general manager and chair of the club's governance committee informed staff of the club's new vaccination requirements.
It was outlined that golf clubs across New Zealand were moving to a mandatory vaccine policy for both members and players in response to concerns surrounding the Delta Covid variant.
Staff members completed an assessment outlining the risk they believed their area of work entailed, which for Harwood included his roles as a professional golf coach, director of golf and his role in the retail shop helping with customer service.
Harwood marked himself as "low/medium" risk but the club's general manager gave him an overall rating of high risk.
Harwood responded that their assessment was generic as opposed to his own honest risk assessment.
He then sent a letter to the board stating outlining that his employment agreement did not require him to undergo any medical procedures to retain employment at the club.
Additionally, he raised concerns about the vaccine's safety and referenced his rights under the New Zealand Bill of Rights Act.
Harwood also wrote that he would manage the risk to vulnerable people he may interact with through work, including self-isolating and testing if he were to experience COVID-19 symptoms.
The club's general manager responded by saying that all employees would be required to prove their vaccination status with a certificate and that Harwood needed to have his first vaccine by December 3.
Without this proof, his employment would end on December 26. He would be stood down on full pay and given four weeks' notice.
On December 3, after not receiving the proof, white wrote to Harwood giving notice of his dismissal, effective December 31.
Harwood expressed disappointment with the dismissal and raised concerns that they had failed to address his previous proposals and invited them to consider resolving the dispute, and once he was let go, went to the ERA.
