Sacking after complaints, Court told

Press, 18 May 1984, Page 5

Sacking after complaints, Court told

A worker at El Rancho Toro, Ltd, a chicken-pro-cessing factory, was dismissed in August last year because three members of the staff there had complained she was not working hard enough, the Arbitration Court was told yesterday.

The Court w'as hearing the personal grievance of Miss Neroli Ann Newell against El Rancho Toro. Ltd. A claim of unjustified dismissal is being made against the company by the New Zealand Food Processing Union. The union is seeking $3349 in lost wages from the date of termination of Miss Newell’s employment (August 26 last year) until the date she obtained further employment with P.D.L., Ltd. It also seeks $4OOO compensation for victimisation and unjustified dismissal, although it does not seek reinstatement of Miss Newell.

During the hearing the Chief Judge, Judge Horn, suppressed publication of matters not relevant to the dismissal of Miss Nqyell. TUi other two members of

the hearing panel were Messrs D. Jacobs and T. R. Weir.

Miss Newell said that she asked Mr Michael Toro, her employer, on many occasions if he was satisfied with her work. Most of the time he complimented her on her work, she said, and never caused her to worry about her job security any more than other staff members.

“When I say this I mean there were times Mr Toro would go mental at members of the staff and fire them on the spot for unknown reasons,” she said. She said that after working there for six weeks, she and another worker, Miss Stephanie Holland, were called into the cafeteria and told “there were a lot of wind-pipes and feathers going through on the birds, and if it didn’t stop both of us would be down the road.” Later, because she was getting a car, she asked if her job was secure, and he said “Get your bloody car.” “So my job is secure?” “Yes.” Six weeks later .she received another warning,

when he said she was good at bagging but could she pluck faster. These were the only warnings she received, she said. Another worker. Miss Jillian Meikle. was dismissed later, and she contacted Miss Newell and asked her to inform other staff members of a union meeting at the Golden Mile. Miss Newell did this, and about five people attended the meeting, at which Miss Newell agreed to be a witness for Miss Meikle at her upcoming Arbitration Court case.

A short time after this, staff had a week to two weeks off work. During that time a work party was held, at which Mr Toro was very friendly, said Miss Newell. When arriving back at work, she had no sooner started than she was given a week’s notice by Mrs Toro. When she asked why. Mr Toro replied, “Because I’ve had complaints from three members of the staff that you’re not working hard enough.”

To the union advocate, Mr A. Lea, Miss Newell said

she was not aware of any reaction from either Mr or Mrs Toro to the Golden Mile union meeting. Mr Toro did not say who the three staff members were who had complained to him, she said. No staff had come to her and said they were unhappy with her work, said Miss Newell. The advocate for Mr Toro, Mr A. J. Davis, asked Miss Newell if she knew other staff were upset about her speed of work and daydreaming, and she said she did not know of this until Mr Toro told her.

She did not consider any of Mr Toro's warnings to be justified. Mr Lea said under questioning from Mr A. A. Pattison that he had organised an off-site union meeting at the Golden Mile because his previous dealings with Mr Toro had been unsatisfactory, and because he wanted free and frank opinions expressed about Miss Meikle’s dismissal. He said that most of the had told him Miss Neweh was an average

worker, and only one acknowledged mentioning to Mr Toro being dissatisfied with Miss Newell’s work. They felt he was being unfair in dismissing Miss Newell, he said. Mrs Raylene Forrester, an employee at El Rancho Toro, said Miss Newell used to do a lot of “mucking around” at work. She would stand around and appear to be working when in fact she was not, she said. Miss Newell would go “out of her way” to upset things so work could not finish by 2.30 p.m., said Mrs' Forrester. Everybody else was doing Miss Newell’s work, she said. She said she complained to Mr Toro that Miss Newell was not pulling her weight. Miss Newell would not take any notice of warnings from Mr Toro, she said. Miss Stephanie Holland, another employee at El Rancho Toro, said both she and Miss Newell had received warnings about working too slowly, which she considered to be justified for both of them.. She said Miss Newell usd? to

daydream for long periods four to five times a day.

Mrs Judith Toro said both Miss Newell and Miss Holland were slow at bagging, and Miss Newell had moments when she gazed into space. On one occasion Miss Newell demanded somebody get her some plastic bags, and Mrs Toro said, “For goodness sake Neroli, go and get the bags yourself. Everyone is sick and tired of going to get bags for you.”

Mrs Toro said she gave Miss Newell notice, and when doing so she told her she had been warned on several occasions. The decision to dismiss her was a joint one between herself and Mr Toro, she said. Mrs Toro said she had continuous complaints from three employees about Miss Newell's work, and intermittent complaints from one other. The Golden Mile union meeting had no bearing on Miss Newell’s dismissal, she said.

Mr Toro will give evidence at the hearing today.