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


[2014] NZERA Auckland 2




Date of Determination: 9 January 2014

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


Hourly Wage Gap Grows: Gender Pay Gap Still Fixed At Fourteen Percent

“The totally unchanged pay gap is a slap in the face for women, families and the economy,” says Coalition spokesperson, Angela McLeod. Even worse, Māori and Pacific women face an outrageous pay gap of 28% and 33% when compared with the pay packets of Pākehā men. More>>


Housing: English On Housing Affordability And The Economy

"Long lead times in the planning process tend to drive prices higher in the upswing of the housing cycle. And those lead times increase the risk that eight years later, when additional supply arrives, the demand shock that spurred the additional supply has reversed. The resulting excess supply could produce a price crash..." More>>


Sweet Health: Sugary Drinks Banned From Hospitals And Health Boards

All hospitals and DHBs are expected to kick sugary drinks out of their premises. University of Auckland researcher, Dr Gerhard Sundborn who also heads public health advocacy group “FIZZ”, says he welcomes the initiative. More>>


NASA: Evidence Of Liquid Water On Today's Mars

Using an imaging spectrometer on MRO, researchers detected signatures of hydrated minerals on slopes where mysterious streaks are seen on the Red Planet. These darkish streaks appear to ebb and flow over time. More>>


Bird Brains: Robins Can Just Be Generally Clever

Research from Victoria University of Wellington has revealed that birds may possess a ‘general intelligence’ similar to humans, with some individuals able to excel in multiple cognitive tests. More>>


Psa-V: Positive Result On Whangarei Kiwifruit Orchard

Kiwifruit Vine Health (KVH) has received a Psa-V positive test result on Hort16A and male vines on a kiwifruit orchard in Whangarei. This is the first confirmed case of Psa-V on an orchard in the Whangarei region. More>>

Regional Accents: Are Microbes The Key To Geographical Differences In Wine?

A new study of six of New Zealand’s major wine-growing regions has found that differences in flavour and aroma of wine from different areas may depend more on microbes than was previously thought. More>>


Science: AgResearch To Cut Science Staff In Areas Of 'Reduced Demand'

“We are therefore consulting with our staff from today on a proposal to reduce science staff in areas of shrinking demand. Combined with recruitment planned in areas of growing demand, this would mean a net reduction of 15 scientists and 41 technicians at AgResearch in the 2015/16 year." More>>


Get More From Scoop

Search Scoop  
Powered by Vodafone
NZ independent news