By Emily Moorhouse, Open Justice reporter of
Benjamin Harwood won his ERA case after being stood down from his job at Whangamatā Golf Club over the Covid-19 vaccine.
Photo: PHOTOSPORT
A golf coach who was “humiliated” after being dismissed for not getting the Covid-19 vaccine will receive more than $15,000 from his former employer after successfully arguing that his dismissal was unjustified.
Benjamin Harwood had worked for Whangamatā Golf Club Incorporated for a little over a year when he was dismissed in December 2021 following the club’s “no jab, no play” policy.
Harwood took the club to the Employment Relations Authority (ERA), arguing that the policy was “unreasonable and unfair” and failed to fairly consider alternatives to dismissal.
The club disputed this and said it went through a fair consultation process with Harwood about the vaccination policy and engaged with him regarding the consequences of his “non-compliance”.
However, in a recently released decision, the ERA has ruled in Harwood’s favor.
The dispute began on November 2, 2021, when the club’s general manager Richard White and chairperson of the club’s governance committee Terry Wilson met with staff to update them on the vaccination status at the club.
During the meeting, it was discussed that golf clubs throughout the country were moving to a mandatory vaccine policy for members and players following concerns about risks associated with the Delta Covid variant.
Staff members were asked to complete an assessment outlining the risk in their particular work area.
Harwood, whose roles included professional golf coach, director of golf and his role in the retail shop helping with customer service, marked himself as “low/medium” risk.
But White disagreed with this and replied to Harwood, giving him an overall rating of high risk.
This was met with a response by Harwood, outlining concerns that the assessment was generic and he had given an honest risk assessment.
Harwood followed up with a letter to White and the board, stating his employment agreement did not require him to undergo any medical procedures to carry out his roles within the club.
He also raised his concerns about the vaccine and referred to his rights under the New Zealand Bill of Rights Act.
Harwood wrote that the risk to any vulnerable people he may interact with during work could be managed, and he would self-isolate and get tested if he were to experience any Covid-19 symptoms.
That same day White responded to Harwood, saying that all employees would be required to show a vaccine certificate and he would have to have his first vaccine by December 3.
If Harwood was unable to provide proof he received the vaccine, then his employment with the club would end on December 26. He would be standing down on full pay and given four weeks’ notice.
On 3 December White wrote to Harwood giving notice of his dismissal, effective 31 December.
Harwood expressed his disappointment with the board dismissing him and raised concerns that they had not addressed his previous proposals and invited them to consider resolving the dispute.
Harwood said his dismissal had an extremely emotional impact on him and his family as he had grown up in Whangamatā and returned to his hometown to take up the role with the club.
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” into the dismissal notice.
“This was an incorrect approach because having satisfied himself Mr Harwood could not fulfill the vaccination requirement by the specified date, the statutory scheme required him to then turn his mind to exhausting all possible alternatives to dismissal before giving notice of termination.”
The club was ordered to pay Harwood $15,000 compensation for humiliation, loss of dignity and injury to feelings, as well as two months’ wages.
This story was originally published on the NZ Herald website.
.