Taranaki Daily News

‘Unjustifie­d’ sacking of worker to cost Fonterra $40,000

- Matthew Rilkoff

A text message alleging “concern” about the nature of an employee’s sick leave escalated into a heated argument that cost one man his job and has now cost Fonterra close to $40,000, after it was found it had unjustifia­bly dismissed him.

Steve Waite was employed by Fonterra Brands (New Zealand) Ltd as a production supervisor and had worked for Fonterra for 27 years when the incident with his manager led to his dismissal for serious misconduct in May, 2022.

The dismissal came nearly three months after he was suspended pending an investigat­ion into the incident where his behaviour was alleged to be “endangerin­g his manager’s health, safety and wellbeing”.

Following an investigat­ion meeting in New Plymouth in February, a 23-page Employment Relations Authority ( ERA) decision released earlier this month found Fonterra was not justified in dismissing Waite and ordered it to pay him nearly $40,000.

Waite will receive $20,000 for humiliatio­n, loss of dignity and injury to feelings and $19,211 for three months of lost wages following his dismissal.

The findings of the ERA investigat­ion by member Natasha Szeto were released nearly two-and-a-half years after the text message that set off the chain of events was sent.

The investigat­ion found Waite had been away from work on sick leave on January 31, 2022, but his manager suspected it was part of a wider planned absence to disrupt production.

The manager raised their concerns with their “two up” manager, who then raised it with Fonterra’s employment relations team who provided Waite’s manager with content for a text message.

The 101-word message, sent to three absent employees, stated the manager was concerned the person had been unable to attend their shift.

“We have experience­d a high degree of unplanned absence from your shift group today. This does give us cause for concern in light of some informatio­n the company has, suggesting that this may have been pre-planned,” it said.

Waite, who had called in sick with vomiting and diarrhoea, was upset by this message, and another one which said he would have to provide a medical certificat­e when he got back.

He took February 1 off sick, then had rostered days off, and a public holiday, returning to work on February 8.

By that time Fonterra had decided to pay all the absent employees for their time away from work and did not require Waite to provide a medical certificat­e.

But Waite remained upset about the January 31 text message, specifical­ly around who “formatted” it. The discussion with his manager became heated and both raised their voices.

The manager left the office, slamming the door. She described Waite’s demeanour in the officer as “threatenin­g and aggressive” and that his tone had made her feel “extremely bullied and intimidate­d”.

The manager discussed the incident with another manager. A more senior manager decided the next day the incident needed to be investigat­ed, and Waite suspended while that investigat­ion was carried out.

Following the investigat­ion, Waite was dismissed for serious misconduct on May 6, 2022.

Fonterra said there had been no demonstrat­ion of accountabi­lity by Waite, who showed a lack of awareness or insight into his conduct.

In evidence for his dismissal, the company said it had no assurance there would not be a repeat incident, which was a “health and safety risk that would present at other plants or work sites”.

However the ERA found Fonterra’s investigat­ion insufficie­nt and that Waite’s alleged behaviour, which was later categorise­d as aggressive and intimidato­ry to the level of underminin­g or endangerin­g his manager’s health, safety and wellbeing “became exaggerate­d by Fonterra throughout the process”.

Szeto was also not persuaded the company had genuinely considered alternativ­es to dismissal.

She said there was no evidence of previous issues, and there was no pattern of behaviour.

Based on the evidence before the Authority, she said there was no reliable informatio­n “on which a fair and reasonable employer could rely” to support the view that Waite presented an ongoing health and safety risk to his manager and others.

“I conclude in all the circumstan­ces, Fonterra did not act as a fair and reasonable employer could, and Mr Waite was unjustifia­bly dismissed,” Szeto wrote.

 ?? VANESSA LAURIE/STUFF ?? Steve Waite had worked for Fonterra for nearly 30 years before he was sacked following an incident with his manager in 2022.
VANESSA LAURIE/STUFF Steve Waite had worked for Fonterra for nearly 30 years before he was sacked following an incident with his manager in 2022.

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