Labour Court orders worker’s reinstatement

Press, 25 January 1989, Page 29

Labour Court orders worker’s reinstatement

PA Wellington The Labour Court has ordered the reinstatement of a bakery worker dismissed after a change in the company’s free bread policy. The Baking Trades Employees’ Union told the court at Whangarei that the man had been unjustifiably dismissed and sought his reinstatement, lost wages and $lO,OOO in compensation. Judge D. Finnigan said Northern Bakeries formerly had a policy of allowing workers to take home every day enough bread for the reasonable needs of themselves and their families. In 1987 it became apparent this privilege was being abused by some workers and a change was

made to the policy so that each worker was entitled to one loaf or its equivalent a day.

About two weeks after the new policy was announced, the man was seen by two fellow workers leaving the plant with a loaf of bread in one hand and another concealed inside his jacket. Both workers advised him to return one of the loaves, which he did. One of them mentioned the incident to a foreman who told management officials. The next day the man was dismissed.

Judge Finnigan said he was satisfied the man intended to leave the plant with two loaves of bread knowing he was only allowed one.

But the employer had not made it known that taking too much bread would mean instant dismissal. “We have reservations also about the conduct of the interview in which a relatively young worker was called to account without preparation and without representation or advice by three very senior officers of the employer,” he said.

He held that the dismissal was procedurally unfair and ordered reinstatement. The court was bound to award the man either the amount of lost pay or three months’ pay at ordinary time rates, whichever was less.

He made no order for compensation or costs.