A leaked report and an injured worker said to have developed depression were discussed at the Talley’s defamation trial today.
The court today heard from the head of Talley’s injury management unit.
Talley’s set up the unit as part of an ACC scheme allowing large companies to effectively opt out of the levy system and self-manage employee injury and compensation claims.
A document shown to the court indicated a worker with a “left shoulder/upper arm” injury from early 2021 complained more than two months later of increased pain.
A medical document from a practice in Richmond near Nelson said the man was depressed because his employer failed to move him to a different role.
The court heard discussion about whether the food processing company’s support for the injured man was adequate.
TVNZ counsel Daniel Nilsson cross-examined Rebecca Plum, head of the injury management unit.
Nilsson said the injured man faced delays and financial hardship after the injury.
Plum said Talley’s “made a mistake with the weekly compensation” for him but worked hard to resolve the situation.
“I take objection to you saying we were sitting on our hands,” Plum said.
“It’s quite complex. It takes a long time.”
Nilsson added: “You can see that some of the stress flows from those underpayments.”
Plum said she had empathy for the injured man, and at some points Talley’s paid the full cost of physiotherapy and relevant accommodation for him.
Talley’s is suing TVNZ and its Christchurch-based reporter Thomas Mead over six stories from 2021 and 2022.
The stories concerned allegations of poor health and safety standards at some South Island plants and mismanagement at the injury management unit.
The court also heard Talley’s asked workplace safety auditor Geoff McRobie to perform an independent health and safety audit.
TVNZ told Talley’s it had spoken to two concerned individuals who claimed unsafe practices were prevalent at Blenheim.
Those two claimed health and safety issues were routinely ignored by some managers.
TVNZ said the two anonymous whistleblowers had been told people who raised concerns were “singled out” and “bullied and harassed”.
The two people also claimed issues were often not properly investigated and paperwork went missing or health and safety management staff did not follow up on issues.
The court heard a report McRobie composed was leaked to the broadcaster.
“It’s not the first time I’ve had a report leaked,” McRobie told the court. “Generally, someone’s asked me for comment in advance.”
The court heard TVNZ did not on this occasion contact McRobie but it did contact Talley’s, which phoned McRobie.
McRobie said cherry-picking details from his report risked taking it out of context.
Nilsson said if McRobie did not want his leaked report taken out of context, he could have provided more information when Talley’s called him about TVNZ.
Talley’s counsel Brian Dickey also cross-examined McRobie.
The auditor said every company he assessed had issues.
But he said of Talley’s: “The thing that’s been remarkable to me is the progress they’ve made over the years that I’ve been involved.”
Earlier this week, the trial heard from Danie Swanepoel, vegetables general manager for Talley’s.
He discussed safety around potato processing.
Swanepoel said the company took many steps to improve safety around potatoes but “if you really want to injure yourself” it was still possible to do so.
He said the 1News reports were very bad for morale.
“This was devastating for a lot of people at the Ashburton plant to have to face their mates outside work.
“They say ‘Woah, you work at Talley’s’. It wasn’t a pleasant time for anyone. The people needed a lot of encouragement and reassurance.”
Swanepoel said he told people: “We are under attack and we will get through it and we will be stronger”.
He added: “It obviously was intense in those few months.”
He said Kraft Heinz had a meeting with Talley’s, not necessarily about 1News, but the broadcasts were discussed and Kraft Heinz was told it had nothing to worry about.
The court heard Talley’s still managed to secure a Home Brand vegetable tender starting in April 2022 with Countdown, now known as Woolworths.
Products in that deal were to be supplied on a two-year contract.
The trial before Justice Pheroze Jagose continues.
John Weekes is a business journalist covering aviation and courts. He has previously covered consumer affairs, crime, politics and courts.