Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 


Flynn v Fonterra Brands (New Zealand) Ltd 08 January 2014


IN THE EMPLOYMENT RELATIONS AUTHORITY

AUCKLAND
[2014] NZERA Auckland 2

5415553


BETWEEN CRAIG FLYNN
Applicant

A N D FONTERRA BRANDS (NEW ZEALAND) LIMITED
Respondent


Date of Determination: 9 January 2014
DETERMINATION OF THE AUTHORITY


A. Craig Flynn was unjustifiably dismissed by Fonterra.

B. An order for Craig Flynn to be permanently reinstated to his job at Fonterra.

C. The Authority declines to award any remedy under s123(b) because Mr Flynn has not proven to the required standard he has lost remuneration.

D. The Authority declines to award any remedy under s123(c)(i) because Mr Flynn’s behaviour was causative of the outcome and blameworthy.

E. Costs are reserved. If costs are sought, submissions are to be filed within 14 days of the determination. The other party may file submissions in reply 14 days thereafter.

Employment relationship problem

[1] Craig Flynn was dismissed following the production of two videos at the Takanini plant of Fonterra Brands (New Zealand) Limited (Fonterra). The videos showed seven Fonterra employees, including the applicant, re-enacting their own version of the “Harlem Shake” internet memo [1]. Four of the seven employees kept their jobs. Mr Flynn and two others were dismissed.

[2] The Authority ordered the interim reinstatement of Mr Flynn to his job.2 Mr Flynn now seeks permanent reinstatement. He submits his behaviour did not justify dismissal and there were procedural flaws in the process leading to the dismissal.

[3] Fonterra disagrees. It says the decision to dismiss was open to a fair and reasonable employer given the importance of health and safety and the applicant’s knowledge, actions and conduct amounted to failures to comply with these requirements.


[1] An internet memo is a short video where people perform a comedy sketch accompanied by a short excerpt from the song “Harlem Shake” by Baauer, an American DJ and producer.


Full determination: 2014_NZERA_Auckland_2.pdf

The videos:


© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

Interest Rates: Wheeler Hikes OCR To 3% On Inflationary Pressures, Eyes Kiwi

Reserve Bank governor Graeme Wheeler lifted the official cash rate for the second time in as many months, saying non-tradable inflationary pressures were "becoming apparent" in an economy that’s picking up pace and he's watching the impact of a strong kiwi dollar on import prices. More>>

ALSO:

Scoop Business: Equity Crowd Funding Carries Risks, High Failure Rate

Equity crowd funding, which became legal in New Zealand this month, comes with a high risk of failure based on figures showing existing forays into social capital have a success rate of less than 50 percent, one new entrant says. More>>

ALSO:

Scoop Business: NZ Migration Rises To 11-Year High In March

The country gained a seasonally adjusted 3,800 net new migrants in March, the most since February 2003, said Statistics New Zealand. A net 400 people left for Australia in March, down from 600 in February, according to seasonally adjusted figures. More>>

ALSO:

Hugh Pavletich: New Zealand’s Bubble Economy Is Vulnerable

The recent Forbes e-edition article by Jesse Colombo assesses the New Zealand economy “ 12 Reasons Why New Zealand's Economic Bubble Will End In Disaster ”, seems to have created quite a stir, creating extensive media coverage in New Zealand. More>>

ALSO:

Thursday Market Close: Genesis Debut Sparks Energy Rally

New Zealand stock rose after shares in the partially privatised Genesis Energy soared as much as 18 percent in its debut listing on the NZX, buoying other listed energy companies in the process. Meridian Energy, MightyRiverPower, Contact Energy and TrustPower paced gains. More>>

ALSO:

Power Outages, Roads Close: Easter Storm Moving Down Country

The NZ Transport Agency says storm conditions at the start of the Easter break are making driving hazardous in Auckland and Northland and it advises people extreme care is needed on the regions’ state highways and roads... More>>

ALSO:

Get More From Scoop

 
 
Computer Power Plus
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news