ERA says employee accusing the manager was 'unreliable'
A manager who was terminated after being accused of making racist comments has won over $62,000 after the Employment Relations Authority (ERA) ruled that he was unjustifiably dismissed.
The accused, Peter Hynes, was a procurement and logistics manager at One Pure Limited for its Napier factory, where he was tasked of procuring raw materials for bottled water products and making logistical arrangements for the delivery of goods to customers.
In February 2022, however, Hynes faced various accusations, including the alleged use of racist language, the alleged failure to follow directions to production manager Max Yu, as well as the alleged failure to act in the company's best interests.
As heard by the ERA, Hynes allegedly mocked Chinese accents and used the phrase "it's the Chinese way."
In investigating the matter, Gerry Bolmatis, who was the plant's general manager at that time, summoned Hynes, who denied all allegations raised to him and provided explanations for the specific incidents.
Hynes' counsel asked Bolmatis to further investigate by speaking with five or six more people who might have been there in the incidents.
Bolmatis claimed that he did and even took notes of what they said. The notes, however, were nowhere to be found - with the company's HR manager saying she also didn't get any emails nor notes related to the said meeting with other potential witnesses.
By March 7, Bolmatis told Hynes that he had committed serious misconduct and moved to dismiss him two days later, despite protests from the manager.
The termination letter required Hynes to hand over all company property, including his boots and handover notes, to Yu.
This left the terminated manager in his socks while walking and saying goodbye to his colleagues. He was also in them while waiting for a car to pick him up, as he was also asked to leave the company vehicle.
Hynes said a One Pure supplier saw him while waiting for his ride, which he described as a "humiliating experience."
The former manager raised the matter to the ERA, claiming unjustified dismissal.
The ERA sided with Hynes on the situation, ruling that he was unjustifiably dismissed by One Pure.
According to the ERA, Bolmatis did not have a proper basis for the allegations against Hynes, and there is not enough evidence showing that the manager's explanations were genuinely considered.
One email to Bolmatis from the employee accusing Hynes of racism even said: "It's not overtly racist."
The ERA also said the employee accusing Hynes racism was "unreliable" and was not in a position to make any informed comment about the manager worked nor acted while at work.
Bolmatis' inability to produce documents related to his meeting with other potential witnesses of the incidents was also considered.
The one person that Bolmatis reportedly spoke to, Phil Garside, also denied that he supported the racism allegations against Hynes. He even noted that the general manager approached to him in a "threatening way."
The court also pointed out the lack of reason as to why Bolmatis rejected Hynes' responses and explanations on the allegations against.
"This lack of rigour is surprising given the serious nature of the allegations, and the equally serious nature of the sanction, that is, summary dismissal of a senior, experienced, and long-serving employee," the ERA said in its decision.
As a result, One Pure has been ordered to pay Hynes the sum of $37,673 gross for lost remuneration, as well as $25,000 as compensation for humiliation.
