Waikato Business News August/September 2016

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6 WAIKATO BUSINESS NEWS August/September 2016 Health and safety dismissal unjustified Employers have been running scared of the new health and safety legislation for a couple of years now but this decision from the Employment Court shows that they are caught between a rock and a hard place as the disciplinary action was seen to be too severe. Silver Fern Farms (SFF) owns a number of meat works throughout the country. Ten percent of their workplace injuries are head injuries, so they looked for solutions to the problem and introduced “bump hats” these are not as effective as hard hats but will provide protection against light bumps and cuts. Mr Kupa had worked for SFF and its predecessor for 26 years and had an unblemished employment history. He was a union delegate, and therefore seen to be a leader among the workers. The part of the plant where Kupa worked was a very hot environment, particularly in summer, and there were challenges with ventilation. Kupa and some of the workers believed that the requirement to wear the bump hats could lead to excessive head heat and therefore created a risk of harm from over-heating. The issue had been raised with the health and safety committee and there were a number of options being explored to reduce the possibility of over-heating, but none of them were able to be immediately implemented. The rules were clear – “All [personal protective equipment] gear must be worn unless instructed otherwise by management, that is including bump/ hard hats. It is a health and safety requirement. If [you’re] struggling with the heat, talk to your supervisor.” The agreement was, that if someone was having trouble with the heat, their supervisor could permit them to remove their bump hat. Kupa repeatedly pushed the Help us make Waikato exceptional I recently wrote about the thrill of competition, the reward that comes from that regardless of the final outcome, and how our extensively updated Westpac Waikato Business Awards give those who also share that sentiment the opportunity to develop. I would like you to consider a conversation that will happen in the future, it may be with grandchildren or great grandchildren or just that next generation. The question they have asked you is quite simply, “what did you do to provide us with the opportunity to be the best that we can be?” I hold the view that for our region over the next 30 years that the default setting will be good. I am sure that you can guess that I am not personally interested in good - I am interested in exceptional, and for that to happen I believe it starts with business. Great businesses create great jobs that employ great people, those people develop their skills and talents and with the rewards of their work they contribute to our community and enjoy the environment that we are privileged to have and encourage other great businesses to also perform and grow starting the cycle again. You can see that business has a critical part to play in this eco-system, and we need to do everything we can to encourage, support, celebrate and promote those that contribute to making that exceptional result, that will benefit generations to come a reality. Will you join us and be a part of making it happen? If you’re up for that challenge it’s as simple as five questions and entering online at http://www. beawards.co.nz/ boundaries on the issue. Early one morning he was spoken to by a manager about not wearing his hat, and he said it was too hot to wear it, but in fact, the hat was still in his locker, indicating he had no intention of wearing it. He was told that if he didn’t follow the rules, he could lose his job. Ten days later, the team were told that there would be a site visit from a number of managers and all staff were to keep their bump hats on until at least smoko. At around 8:40am Kupa removed his hat. He said he did it with the permission of his supervisor and they could take their hats off after the managers had left. The supervisor said he had not given permission for the hat to be removed and had asked Kupa to put it back on but he had refused. Kupa was suspended and the incident was investigated. The union argued that there was a double standard and that there were times when the staff were required to wear the hats and others when they weren’t, identifying the real issue was whether it was appropriate for workers to be required to wear headgear if it was causing discomfort, ill health or was a potential safety HR AND THE LAW > BY ANNE AITKEN Anne Aitken, HR Professional | Email: anne@anneaitken.co.nz problem. Kupa was eventually dismissed for serious misconduct and took a personal grievance. I hope SFF takes this decision to the Court of Appeal. Kupa was repeatedly flouting the rules and was inciting other staff to do the same. The Employment Authority upheld the dismissal as justified and Kupa took it to the Employment Court. The Judge preferred the supervisor’s version of events rather than Kupa’s and found that the investigation process had been fair, and that the original instruction to wear the hat had been reasonable. However, he thought that the decision to dismiss was excessive. Part of the reason for this is that the employment agreement had a clause that stated that “suspension of up to six months shall be the preferred disciplinary option to dismissal”. The manager admitted that the real issue was Kupa’s failure to do as he was told” and that he had deliberately misled the manager when his hat had been left in the locker at the previous incident. These issues should have explicitly been put to Kupa to respond to before the decision was made to dismiss him. The employer was ordered to reinstate Kupa and pay him three months’ wages and $7000 hurt and humiliation. These were the remedies after they had been reduced for his contribution, which was judged to be at 50 percent. I hope SFF takes this decision to the Court of Appeal. Kupa was repeatedly flouting the rules and was inciting other staff to do the same. The judgement hinged on minor procedural matters that the union hammered and not the overall context. Employers have to be able to take a stand on health and safety matters above procedural details. MICRO BUSINESS OF THE YEAR NOT FOR PROFIT ENTERING THE AWARDS HAS NEVER BEEN EASIER Registrations close 25 August, 4pm -- Visit BEAWARDS.CO.NZ MARKETING COMMUNITY CONTRIBUTION BUSINESS GROWTH CEO GLOBAL OPERATOR OF THE YEAR
First winner in new emerging director category A mother of two boys with special needs becomes the first to win the new Institute of Directors (IoD) Waikato Branch award for an aspiring director dealing with a disability. Every year the branch offers an emerging director the chance to sit on a board of a Waikato company for a year, IoD membership and training, learning and network- ing opportunities. This year the branch offered two awards, with one being specifically for an aspiring director with a disability, or with a close family member who has a disability. The inaugural winner is Maree Haddon. Maree Haddon is a chartered accountant, and deputy chairwoman of the McKenzie Centre Charitable Trust. IoD Waikato Branch deputy chairman Paul Bennett says: “The judges were impressed by Maree’s passion and vision for governance and commitment to her own professional development. “The IoD has long held the view that diversity of thought and perspective in the boardroom improves business performance and innovation. This new award brings further diversity to the table, a key enabler to having effective board performance.” Enrich+ deputy chairman Simon Lockwood says: “The disability sector is fast changing and significantly underfunded. It is characterised by people facing what are sometimes very challenging issues that not only impact themselves but also their families and the wider community. These are factors WAIKATO BUSINESS NEWS August/September 2016 7 that Maree understands from personal experience. We look forward to her contribution at Enrich+ over the coming year.” The Emerging Director Award is designed to foster upcoming talent in governance through mentoring, practical experience, and formal governance training. As well as getting to observe on the Enrich+ board for a year, observing the dynamics of a commercial operation and participating in high-level board discussion, the winner will also receive mentoring from an experienced director, $2000 for IoD professional development courses, and a one-year membership of the Institute of Directors. Maree Haddon Te Rapa Gateway continues to boom Sites are being snapped up at Te Rapa Gateway as growth in the north of Hamilton continues to take off. Only 18 of the original 55 lots in the first two stages of the industrial park are still available. Te Rapa Gateway’s sales and development manager, Michael Clark, says that development at Te Rapa Gateway is pushing along to meet the needs of businesses that are scrambling to get a piece of the prime land located at the foot of the ‘golden triangle’ between Hamilton, Tauranga and Auckland. “We have had a lot of sales activity at Te Rapa Gateway recently, with a 2,875 square metre lot sold recently, a second 2,362 square metre lot under contract and five more lots totalling about 20,000 square metre likely to go under contract shortly.” This follows Colliers International’s July Industrial Research Report, which cited demand for large industrial plots as one of the ‘stand-outs’ of the Hamilton industrial sector over the 18 months, also saying that businesses may look to capitalise on Hamilton’s remarkable record of capital value appreciation. Michael says that all the statistics and anecdotal evidence show that growth in this region is only heading one way. “Te Rapa Gateway is putting businesses in a prime location to run their operations north into Auckland or Tauranga. Located at the tip of the spear of Hamilton North, just metres away from the Waikato Expressway, with 60 percent of New Zealand’s population within 140km, businesses have everything they need here to prosper.” “Local infrastructure developments are also pushing us forwards and creating more opportunities for occupiers at Te Rapa Gateway. After 30 years in the planning, the Waikato Expressway is nearing completion. Providing a reliable 102km duel carriageway from South Auckland to Te Rapa, it is attracting attention from the likes of Ports of Auckland, which is purchasing land nearby to create an inland port.” Michael adds that a host of leading New Zealand companies have already established themselves at Te Rapa Gateway, with the remaining sites in hot demand among processing, manufacturing, bulk storage, warehousing services, logistics and other industrial organisations. “Although many organisations are looking to take advantage of low interest rates and profit from increasing industrial property prices inside the ‘golden triangle’, lease options are also available at Te Rapa Gateway. “ “The level of flexibility on offer here has been one of the main drivers of Te Rapa Gateway’s popularity. We have reserved 11 key lots for design build lease options, as we have the rare ability to offer purchase and lease options. Our bespoke and turnkey solutions provide interested parties with the ability to obtain custom-designed buildings in a prime location to help propel their businesses forward and enhance the way they operate.” With units available now and more in development, there is a raft of competitive lease options available that can cater to different sets of needs. “At present, we have eight rental units that range in size from 307 square metres – 541 square metres, with an office-to-warehouse ratio of around 14 percent being developed. Architecturally designed to six-metre clear span warehouse and two levels of office, they are for lease with competitive rentals, and scheduled for completion in the third quarter of 2017,” says Michael. Stage two of the five-stage development is scheduled for completion next month and Michael advises prospective suitors to get in touch sooner rather than later. Anyone interested in learning more about Te Rapa Gateway can contact Michael Clark on 0800 GATEWAY | 0800 428 392, or email mclark@chalmersproperties.nz 10 MINS HAMILTON CBD DESIGN. BUILD. LEASE. Create a business premises tailored to you. A custom, standalone office or warehouse can be built to your specification from 1,000m2 in the premier Hamilton Industrial Park. Take the tour now at TERAPAGATEWAY.COM | 0800 GATEWAY
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Waikato Business News August/September 2016

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