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Home / Waikato News

Countdown worker: 'My boss never bothered to meet me in person'

Belinda Feek
By Belinda Feek
Open Justice multimedia journalist, Waikato·NZ Herald·
12 Jul, 2022 05:00 AM6 mins to read

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Ashleigh Belk had worked for Countdown for nine years, including her last four years at Dinsdale (pictured), when her manager sparked disciplinary procedures. Photo / Belinda Feek

Ashleigh Belk had worked for Countdown for nine years, including her last four years at Dinsdale (pictured), when her manager sparked disciplinary procedures. Photo / Belinda Feek

A Countdown staffer who never met her boss in person has won part of her employment grievance against the grocery giant over its disciplinary process.

The only communication she ever had with her manager was via notes left in a book each day.

However, Employment Relations Authority member David Beck cleared the grocery giant of workplace bullying and a breach of health and safety obligations, while Countdown told Open Justice it "will learn from" the ERA's criticisms.

Ashleigh Belk worked as a perishables assistant for General Distributors Limited - which trades as Countdown Supermarkets - in Hamilton from 2012 until she resigned in October last year.

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Despite being regarded as a "hard worker [who] just got on with the job" at the supermarket chain throughout her tenure, things started to spiral after her immediate manager changed at Countdown Dinsdale.

Belk worked the night shift to "maintain the stock of perishable goods" and never saw her new manager - who worked on the day shift - nor had any face-to-face discussions about their concerns.

Instead, the new manager would leave notes for her in a "shared communications book".

Halse said Belk would work through her shifts without a break and finish early, which various managers over the years signed off on.

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In January 2020, the new manager noticed she left between 13 and 27 minutes early five times and brought it to the attention of the fresh food manager.

That manager wrote to Belk on February 24, 2020, asking her to attend a "disciplinary investigation meeting" three days later for her "potential unauthorised absence and failure to follow instructions".

The letter stated disciplinary sanctions up to dismissal were open to Countdown should the allegations be considered serious misconduct.

Belk sought help from workplace advocate Allan Halse who told Countdown she was overworked in an understaffed role and indicated that although Belk didn't see him about workplace bullying he became "immediately concerned" after getting her to complete a Worksafe NZ bullying behaviour list.

She took time off work "because she is depressed and anxious after receiving [the] letter out of the blue without any discussion".

Countdown's group manager Shaun Wall then took over the investigation and said "on reflection" she wouldn't lose her job but it "may result in disciplinary action up to a final written warning".

He declined her request for paid special leave in the interim and given she had no sick leave available she could "of course" take unpaid sick leave.

Halse responded saying he had concerns about "Countdown's failure to provide a safe work environment", based on her working evenings alone, that she was being bullied and again asked her to be put on paid special leave.

Wall again declined the leave request.

Halse signalled a personal grievance for unjustified disadvantage - asserting that Countdown was "providing Ashleigh with an unsafe work environment, causing serious mental health harm and refusing to pay special leave".

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At a meeting between all parties, Belk outlined her struggles with her workload, including overloading of stock causing hazards including the chiller and freezer areas being a "complete and utter mess" with too much stock dangerously stacked, blocking access.

Belk described the new manager's communications in the shared book as negative and she believed unreasonable expectations were being communicated in an "arrogant fashion".

Halse told Open Justice Belk was "shocked" to suddenly be handed her disciplinary letter by a manager from another Countdown store inviting her to the meeting, without talking to her first or investigating before suddenly escalating it.

Belk's now-husband, who also worked there, also spoke in the meeting of "a general deteriorating store culture".

Belk agreed to return to work on March 22 and Wall said if she was found to have been treated unreasonably, "then Countdown would look at reimbursing Ms Belk for wages lost".

Wall would go on to investigate, however, he only questioned her managers about her leaving early and if there was an agreement for that to happen.

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Wall never questioned them about the bullying allegation.

Beck identified some deficiencies in its process, but objectively considered Countdown took reasonable and constructive measures to address Belk's concerns.

He didn't consider any workplace bullying occurred but said the comments in the communication book "were robust and the language less than ideal" from both of them.

Beck said Countdown had addressed the workload expectation issues and its "poor communication practice". Any further disciplinary matters would not proceed without an informal and timely discussion.

However, he did find Belk was disadvantaged by Countdown's initial approach and unnecessary prolonging of its disciplinary proceedings and awarded her compensation.

Belk had sought $20,000 in compensation but was ultimately granted $4000 as well as $2624 for 16 days' lost wages by the ERA after being forced to take time off work without pay during the disciplinary process.

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'She's now happily working at a different supermarket'

Halse slammed Wall's investigation, describing it as "a dog's breakfast".

"He should not have been the investigator to start with as he was involved in the disciplinary meeting and was also to be the decision-maker - effectively the judge, jury, and executioner.

"At no point did Countdown offer an amicable solution and they rejected those that CultureSafe NZ Ltd made on Ashleigh's behalf."

He said supermarket workers were dubbed "heroes" during the Covid-19 lockdown, however at the same time Countdown was treating one of its own "like crap".

"They could have ended this thing... Ashleigh started working for Countdown in 2012 while still at school aged 17.

"Ashleigh has been a loyal employee, and prior to 24 February 2020, had never been subjected to any performance or disciplinary measures.

He said Countdown's approach to its concerns about time management was unwarranted and "heavy-handed".

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He described Ashleigh as a "salt-of-the-Earth Kiwi battler" who would never complain.

Belk was now happily working at another supermarket in Hamilton where she was being "treated respectfully and is much happier than at Dinsdale Countdown", he said.

Although she is disappointed at the amount of the compensation awarded by the ERA, she is glad that she won the case.

She also got married a few weeks after the investigation and was enjoying married life.

A Countdown spokesperson said they received the judgment on Thursday and were still reviewing it.

"We acknowledge that the Employment Relations Authority had some criticisms of our processes, which we will learn from."

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