A Mount Maunganui firm has been ordered to pay $10,857 to a former employee for unjustifiably sacking him.

Shaun O'Connor was fired by Ballance Agrinutrients Limited on December 20, 2013, after he tested positive for having cannabis in his system.

Ballance Agrinutrients on Maru Street.

However, Employment Relations Authority member Anna Fitzgibbon says: 'Mr O'Connor claims the dismissal was unjustified because Balance was not entitled to request he undergo a reasonable cause drug test under its drug and alcohol policy, the result of which was the primary reason for his dismissal.”

In a report released by the authority, Anna says operations manager Shaun Piper and service centre manager Alex Beck could have offered Shaun education, training, counselling or participation in rehabilitation when they received the test results.

'None of these measures were considered despite being available to Ballance on the first occasion a positive drug test is returned by an employee,” adds Anna. Ballance denies the firing was unjustified and says Shaun failed the drug test, which in itself constituted serious misconduct.

Shaun had been working for the company for eight years as a service centre operator at its Maru Street site in Mount Maunganui. His duties included driving heavy machinery and creating fertiliser mixes according to customer requirements.

During 2013, Shaun received two warnings - the first being a written warning on February 20, 2013, for 'smoking outside of designated smoking areas”.

On May, 20, 2013, Shaun was issued with a final written warning for dumping household rubbish at the Maru Street site, which stated his conduct was in breach of company policy and that 'any further misdemeanours will not be tolerated”.

On December 13, 2013, a call from a member of the public alleged that two Ballance employees were smoking marijuana and the number plate of Shaun's car had been identified.

He confirmed he'd been smoking but denied it was cannabis, but both Shaun and a workmate were required to undergo a urine test.

'Mr O'Connor says he was told if he refused to take the test that would be serious misconduct. Because of his final written warning, Mr O'Connor felt he had no choice but to undertake the urine test even though he did not believe there was any reason for him to be tested,” says Anna in her report.

'Mr O'Connor took the urine test which showed a non-negative result for cannabinoids and was suspended on pay until the test was verified by Canterbury Health Laboratories.”

Shaun later acknowledged smoking some cannabis at home but not at work. He was dismissed for serious misconduct and this was confirmed in a letter from Ballance dated December 20.

His workmate was also dismissed and has brought a claim which is yet to be determined by the authority.

After ruling in favour for Shaun, Anna ordered Ballance to pay him $10,857.56.