A man who confronted his former boss in a supermarket, threatening to break his legs, has been sentenced to 120 hours of community work. Photo / 123RF
A simple trip to the grocery store ended badly for John Hingaia, and his former boss.
The pair crossed paths at a Tākaka supermarket, where each went shopping on the evening of January 20 this year.
Hingaia, a 48-year-old heavy machinery driver, was said to have left his job at Golden Bay firm Solly’s Freight on bad terms, claiming he’d been badly treated and racially abused.
But Solly’s managing director Merv Solly - who is not the victim in the matter, told NZME that was an “absolute lie”, adding that the company had never racially abused anyone, having employed people from around the world.
Hingaia was convicted on an assault charge in the Nelson District Court today after shoving his former manager in a supermarket aisle and threatening to break his legs.
Judge Tony Zohrab said there were better ways of resolving a dispute and told him if every employee who had a grievance with their boss “went out and snotted them”, it would be carnage out there.
“In a civilised society if you feel you have been poorly dealt with by an employer you do have remedies available through the ERA [Employment Relations Authority],” Judge Zohrab said.
On the evening the pair were grocery shopping Hingaia saw his former manager across the aisle and began yelling abuse at him.
The victim continued shopping, ignoring Hingaia as much as he could until the former driver got up close “in his face” while continuing to yell. Hingaia then shoved the man, so that he stepped backwards.
The victim tried to walk away before he was shoved twice more, this time into the supermarket shelves.
Hingaia told the man as he was walking away he was “going to break his legs”.
The victim tried moving away to avoid further conflict, but Hingaia followed and again “got in his face”, while egging on the victim to hit him.
Hingaia then clenched his fist and took a swing at the victim’s head, stopping himself just before hitting him, then walked away saying: “I will wipe that smile off your face.”
Lawyer Ian Miller told the court Hingaia accepted he’d reacted “very poorly”.
Judge Zohrab said he was sure the victim would have a different take on things, before sentencing Hingaia - now working in a new job in Marlborough - to 120 hours of community work.
“There’s no other (fitting) punishment. I appreciate this will be difficult for you but it’s meant to be punishment - not a lifestyle sentence.”
Solly said Hingaia had worked for the company for 16 years up until recently, and while he was unaware of the supermarket incident, he was not surprised.
“He’s been a good worker up until recent years but I don’t know what happened,” Solly said.