The makers of one of New Zealand's best-known brands of pie were justified in sacking a worker who stored cockroaches in his locker, the Employment Relations Authority has ruled.
Henry Faumuina had been with Purity Foods, which makes Big Ben pies, for more than 20 years when he was sacked
in mid-2007 for disobeying a lawful and reasonable order.
He took his case to the ERA, saying he was collecting the cockroaches "as evidence" for his partner, who also worked for Purity Foods. She was bringing a personal grievance case against the company after having received a warning.
However, production manager Craig Sweetman said that case had nothing to do with cockroaches.
He told Mr Faumuina storage of dead insects was a violation of the company's health and safety policy, as well as a health risk.
Mr Faumuina, who had a previous written warning for misconduct, twice refused requests to dispose of the insects. He also failed to attend a disciplinary meeting, instead appearing on television with his lawyer, Olinda Woodroffe, alleging there was a cockroach problem at the company.
The Bakers and PastryCooks Union said the company had excellent hygiene standards, according to the authority's finding.
In a June 2007 interview, Mr Faumuina told TVNZ he had seen cockroaches almost daily at his workplace - mostly in the pie pastry room.
Evidence was given to the ERA that Mr Faumuina said his lawyer had told him to collect the cockroaches for his partner's court case.
He gathered live insects over two weeks, storing them in his locker in gloves with the ends tied up.
Company policy was for pest sightings to be reported and logged. Mr Faumuina gave no notification of seeing any cockroaches.
Authority member Dzintra King ruled the dismissal was justified and the process was fair and reasonable.
- STAFF REPORTER, NZPA
