The staff member said the company's quiet spell must've been because the company sales rep wasn't doing his job properly - but customers told a different story. Photo / 123RF
The staff member said the company's quiet spell must've been because the company sales rep wasn't doing his job properly - but customers told a different story. Photo / 123RF
A concrete dispatch manager who demanded alcohol for service over a two-year period has failed in his bid to receive compensation for unjustified dismissal.
Willie Awatere was fired from Techcrete Readymix Limited last year for demanding alcohol - as much as 60 boxes of beer from one customer alone - from a number of customers.
He claimed he was unjustifiably suspended and dismissed, taking the issue to the Employment Relations Authority, seeking compensation.
But the authority said his behaviour was "so egregious" that it couldn't, in good conscience, award him any remedies.
His former employer Rod Palmer, told the authority Awatere's role was pivotal in the small concrete delivery company, as he received most of the orders and arranged the deliveries.
But an unexpected drop in sales and an exodus of customers as other suppliers appeared to remain as busy as ever during a time that wasn't traditionally quiet in the business, led management to investigate.
Awatere told Palmer the quiet spell must have been because the company sales rep wasn't doing his job properly - but Techcrete customers told a different story.
Three customers told sales rep Phillip McLarin that Awatere would only exchange work services with alcohol. One said she "was tired of having to give Mr Awatere alcohol for prompt service".
"She said he kept asking her for a box [of beer]. Ms A showed Mr McLarin a number of texts where Mr Awatere asked for alcohol," the authority heard.
"Either she would drop the beer off at his home or Mr Awatere would pick it up."
The customer later told Palmer Awatere had demanded alcohol from her "for most of the time she had been buying concrete from Techcrete" and that she had assumed Palmer knew.
A second customer said Awatere "demanded alcohol if better service was wanted".
"Without the alcohol the service received was rubbish," the customer said.
A third customer said his purchases from Techcrete had plummeted by around 80 per cent because Awatere had been demanding whiskey and beer from the builders the customer supplied the concrete to.
"All three customers told Mr Palmer that Mr Awatere demanded alcohol for himself to provide Techcrete's services, not that they gave him alcohol as a gift," the authority heard.
"They described an ongoing arrangement with Mr Awatere rather than being able to detail particular instances."
Palmer told the Authority the company had no policy on alcohol or gifts to staff from customers, but said there was a general agreement that all alcohol given to staff should be put in a container in the yard's office, to be shared among everyone.
He'd reminded Awatere of the policy a number of times, Palmer said.
Although Palmer had previously felt a sense that something wasn't right in the company, he had trouble believing that his colleague, with whom he had worked off and on for almost 15 years, would demand alcohol from customers.
"Without the alcohol the service received was rubbish," one customer said. Photo / 123RF
Techcrete management held two meetings with Awatere about his conduct, in which Awatere said it was normal for dispatchers to get and keep gifts from customers - something Palmer said he hadn't experienced.
Awatere was suspended after the first meeting, unjustifiably so, the authority found, as Palmer didn't propose the idea of suspension to him to see what he would say.
But Nicola Craig, Member of the Employment Relations Authority found Awatere was justifiably dismissed from his role.
"In these circumstances, I consider Mr Awatere's actions so egregious as to mean that based on equity and good conscience, he should not be granted any remedies," she wrote in a recently released decision.
Awatere admitted to the Authority that he was given alcohol by Ms A as regularly as two or three times a month, for a couple of years.
"He described saying "that's going to cost you a box" or the like, when Ms A wanted concrete quicker than it would normally be available," saying the comments were made in jest.
"Even on his evidence, Mr Awatere joked about requiring payment in alcohol for service," Craig wrote.
"He failed, over two years and on receipt of possibly 60 boxes of beer, to tell Ms A that she did not have to provide the beer.
"In addition, even if the beer could be characterised as a gift, which I am not satisfied it was, Mr Awatere then took home large amounts of alcohol.
"This was despite his previous experience of alcohol being brought into the yard for distribution and being told on several occasions by Mr Palmer that was required."
