ERA Ruling In Qube Case A Vital Win For Port Safety

The Maritime Union of New Zealand has welcomed an Employment Relations Authority decision ordering the interim reinstatement of a Qube Ports worker who was dismissed after refusing to work with a colleague he considered unsafe.

Port workers Paul McMillan and Dion Robin had previously raised concerns about a colleague’s work practices at Gisborne’s Eastland Port.

Following an incident on 8 January 2026, the two workers were told by Qube management they had committed serious misconduct after refusing to work with the colleague. Mr McMillan was dismissed, while Mr Robin was told he would not be re-engaged as a casual employee.

The Employment Relations Authority has now ordered Qube Ports NZ Limited to reinstate Mr McMillan on an interim basis, finding he had an arguable case for unjustified dismissal and permanent reinstatement.

Mr Robin’s application for interim reinstatement was not granted, due to uncertainty over his employment status as a casual worker.

Maritime Union of New Zealand National Secretary Carl Findlay says the decision is an important acknowledgment of the protections available to workers who raise genuine health and safety concerns.

“This is an important result for our members and for safety on the waterfront,” says Mr Findlay.

“The ERA has recognised there is a serious case to be answered when a port worker says they were dismissed for refusing to work in conditions they believed were unsafe.”

Mr Findlay says workers must be able to raise safety concerns without being threatened with disciplinary action or dismissal.

“Workers are often the last line of defence in a dangerous workplace. When they identify a serious risk, the response should be to investigate and resolve the hazard, not punish the worker.”

Mr Findlay says the case raises serious concerns about the attitude of some port employers to health and safety, despite the introduction of the Approved Code of Practice for loading and unloading cargo at ports and on ships.

“The entire industry worked on the Approved Code of Practice for a reason — to ensure everyone goes home safely at the end of their shift.”

“The message from this case is clear. Safety concerns in port operations must be treated as health and safety issues first, not as disciplinary problems.”

Mr Findlay says it is a concern that the casual worker in the dispute was not reinstated, and this was an example of how casualisation of jobs could be used to undermine workers’ rights and health and safety issue.

The Maritime Union says the legal right to stop or refuse unsafe work is a cornerstone of the Health and Safety at Work Act 2015.

Mr Findlay says port companies, stevedoring employers, and all PCBUs operating in ports must understand their overlapping duties to consult, cooperate and coordinate to keep workers safe.

“We will be contacting Eastland Port management and board to ensure they understand their health and safety responsibilities and the need for robust systems across all port operations.”

“This ruling should serve as a clear message to the entire port industry that workers who raise genuine safety concerns must be listened to, not attacked.”

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