A worker who stored cockroaches in his locker at pie manufacturer Purity Foods was justifiably dismissed, the Employment Relations Authority (ERA) has ruled.
Henry Faumuina had been with the company, which makes Big Ben pies, for more than 20 years when he was sacked in mid 2007 for disobeying a lawful and reasonable order.
He took his case to the ERA, saying he was collecting the cockroaches "as evidence" for his partner, who also worked for Purity Foods. She was bringing a personal grievance case against the company after having received a warning she was unhappy about.
However, production manager Craig Sweetman said that case had nothing to do with cockroaches.
He told Mr Faumuina storage of dead insects was a violation of the company's health and safety policy, as well as a health risk to other workers and to the public.
Mr Faumuina, who had a previous written warning for misconduct, twice refused requests to dispose of the insects. He also failed to attend a disciplinary meeting, instead appearing on television with his lawyer, Olinda Woodroffe, alleging there was a cockroach problem at the company.
The Bakers' and Pastrycooks' Union said the company had excellent hygiene standards, according to the authority's finding.
Evidence was given that Mr Faumuina said his lawyer had told him to collect the cockroaches for his partner's court case. Using gloves, he gathered live insects over two weeks, storing them in his locker with the ends of the gloves tied up.
Company policy was for pest sightings to be reported and logged. Mr Faumuina gave no notification of seeing any cockroaches.
Asked why, he told his boss he "was doing what he thought was right" and "knew he was right".
Mr Faumuina said he would not comply if he did not want to and refused to apologise.
Ms Woodroffe submitted that her client's actions did not amount to serious misconduct. He refused to do as Mr Sweetman ordered and get rid of the cockroaches because it was an instruction which required him to be dishonest and be party to the cover-up of an unhygienic workplace and food manufacturing factory, she said.
Authority member Dzintra King ruled that the dismissal was justified and the process was fair and reasonable.
There was a "deliberate and wilful refusal" by Mr Faumuina to carry out the instruction that was given to him.
NZPA