Three Alliance Meatworks slaughtermen were sacked after filming themselves drinking at work. They argued the beer cans were full of soft drink, but the employer didn't buy the argument. Photo/123RF
“Work breakdowns … cheers fellas”.
That was the caption that accompanied a Snapchat video showing three meathouse workers knocking back pre-mixed cans of whisky and dry ginger ale while waiting for some machinery at the plant to be repaired.
The video resulted in the men losing their jobs as the company has a strict policy of no drinking on the job.
Now, the case has ended up in the Employment Relations Authority after the men claimed they were joking around and only really drinking soft drink and were unfairly dismissed.
Connor Te Kooro, Blake McCorkindale and Izaea Hubbard were meatworkers at the Alliance Group’s Lorneville Plant in Southland.
The trio, plus another worker, were dismissed for serious misconduct in March 2023 over allegations of drinking alcohol at work.
But, neither their employer nor the ERA swallowed their argument they were bored, found some used pre-mix drink cans, filled them with soft drink, then filmed themselves mimicking a “shotgun” drinking method.
The fact their actions were filmed and “accidentally appeared online” was an aggravating factor and an argument more likely to be rejected than accepted by a reasonable employer, ERA member Andrew Dallas said in a recently released decision.
A fourth worker was later pulled from the proceedings when he failed to show at an investigation meeting and attempts to contact him failed.
An additional finding of failing an alcohol test was proven against Hubbard.
Te Kooro, McCorkindale and Hubbard argued their dismissals were procedurally and substantively unjustified and sought $25,000 compensation for hurt, humiliation and injury to feelings.
It was “strongly resisted” by Alliance which strictly prohibited workers from drinking on the job or reporting to work under the influence of alcohol or drugs.
Te Kooro, McCorkindale and Hubbard worked as slaughtermen on the same shift pattern at the plant over the 2022-23 season.
On February 9, 2023, they started their shift as usual at 6.45am before a plant breakdown at 8am when they and others passed the time in the locker room waiting for the plant to restart.
Te Kooro, McCorkindale and Hubbard “happened upon” four pre-mixed cans of whisky and dry ginger ale in an open, unused locker they said were empty, and which they then filled with soft drink.
They each imitated a “shotgun” of the cans by puncturing them and drinking the resulting rapid flow.
Another person was then asked to film on Te Kooro’s mobile phone, as the three raised the cans in synch, tilted their heads back and sculled the contents.
Alliance maintained that what the trio had drunk was, in fact, the alcoholic beverage.
Having filmed the episode, and, somehow, for reasons that remained unclear to Dallas, the video was “posted” on to Te Kooro’s Snapchat so his friends could see it.
Te Kooro claimed it was unintentional.
Dallas said a person who saw it notified Alliance whose human resources department then recorded it from the informant’s phone.
Screenshots showed the video had been captioned with the words: “Work breakdowns …cheers fellas”.
That afternoon a union official was told the workers were needed for an alcohol test.
The workers’ lockers were then checked but no alcohol was found; only a half-full bottle of soft drink was found in McCorkindale’s locker.
The cleaner was also spoken to on February 10. He said he had found empty cans in the locker room and had disposed of them, but later declined to provide a formal statement.
Te Kooro, McCorkindale and Hubbard were tested for alcohol at a medical centre, but only Hubbard showed signs of any alcohol in his system with a reading of 330mg.
The others had a zero reading.
Returning a positive or “non-negative” result was classified by Alliance as “an example of behaviour which may amount to serious misconduct”.
Te Kooro and McCorkindale were suspended on full pay pending an investigation, with Hubbard suspended without pay until he returned a negative breath test, which occurred several days later.
They argued that consultation with them or the union about their suspensions should have happened before the decision was made.
On February 13 they were invited to a disciplinary meeting.
The primary allegation against McCorkindale and Te Kooro was “drinking alcohol on the company premises” while Hubbard faced the extra allegation of having failed an alcohol test.
They were warned of the consequences if proven.
The company then sought to clarify the workers’ explanations which were inconsistent with the video.
After a further meeting on February 15 the company felt the allegations had been substantiated, that they amounted to serious misconduct and that summary dismissal was the proposed sanction.
The union did not accept the preliminary decision and a timeframe for feedback was agreed.
On February 28, McCorkindale, Te Kooro and Hubbard received letters from Alliance confirming the preliminary decision to dismiss each of them, as indicated to the union representatives.
The union formally raised personal grievances on behalf of the three men in May 2023, followed by a statement of problem lodged in the ERA in September last year.
In progressing their cases, the three forwarded arguments and evidence not previously disclosed.
Dallas ultimately found the three were justifiably dismissed, and, while it was not a perfect investigation, it did not have to be.
He said while a “boots and braces” approach may have seen the cans, and the video forensically examined neither, in his view, was necessary to meet the test of justification as required under the law.
Dallas said while Alliance could have arrived at a different outcome for McCorkindale given his “clean” disciplinary record, all were dismissed based on the range of possible responses to established serious misconduct.
Efforts have been made to reach the three men for comment via the lawyer who represented them.
Alliance declined to comment.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.