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

 

NZ's Space Programme: Rocket Lab Makes It To Space (But Not Orbit)

Electron lifted-off at 16:20 NZST from Rocket Lab Launch Complex 1 on the Mahia Peninsula in New Zealand. It was the first orbital-class rocket launched from from a private launch site in the world. More>>

ALSO:

Earlier:

Budget: Irrigate (Good Times, Come On!)

Additional grant funding of $26.7 million over the next three years plus a capital boost of $63 million towards irrigation investments in Budget 2017 will deliver economic and environmental benefits through better use of water... More>>

ALSO:

Silver Fern Farms: Proposal To Close Fairton Sheepmeat Plant

Silver Fern Farms has advised its people of the proposal to permanently close the site, and has discussed potential transfer options to its other sites in the region as part of the consultation process...
More>>

ALSO:

MPI: Myrtle Rust Appears In Taranaki

The nursery in Waitara (just north of New Plymouth) reported suspected myrtle rust symptoms on young plants to the Ministry’s 0800 number yesterday (Tuesday). More>>

ALSO: