Written By:
te reo putake - Date published:
7:52 pm, February 7th, 2016 - 101 comments
Categories: Abuse of power, boycott, capitalism, class war, discrimination, Unions, workers' rights -
Tags: meatworkers union, talleyban, talleys, wage slaves
NZ’s worst employer isn’t letting the day off tomorrow stop them from bullying its employees. Management at Talley’s AFFCO Rangiuru meat processing plant have ordered staff to turn up for work tomorrow or risk being sacked. They have also weirdly claimed that if workers observe the public holiday that they are entitled to, that would be an illegal strike. No really, that’s what they reckon.
In a further twist, they have threatened to sue the Meatworkers Union if individual workers choose to take the day off. However, rather than actually talk to the MWU about it, they put that last threat in a notice to individual union members. They’re a strange lot.
Talleys is one of the first companies to flout the Mondayising of Waitangi Day law. They won’t be the last, because the National Government’s continuous weakening of the Employment Relations Act is designed to allow companies like Talley’s to brutalise their employees. I hear talk of other companies who are now moving toward the Talley’s model of wage slavery because they cannot afford to be the only players in the meat industry still trying to be good employers.
Under law changes agreed by Parliament in 2013, where Waitangi Day falls on a Saturday, as it has this year, the holiday is observed on a Monday for those who don’t normally work weekends. But Talley’s apparently regard themselves as exempt. Their understanding of employment law appears to be restricted to launching endless suits against the MWU which are for the most part frivolous, vexatious and presumably intended to bankrupt the union.
In order to maximise profits and minimise worker entitlements, the company has regularly resorted to bullying and threats, in this case, issuing legal letters to workers saying they could be disciplined and their union sued for an unlawful strike if workers exercise their rights to a paid day off tomorrow.
“The Holidays Act is clear. Employers cannot require workers to work a public holiday unless there is provision in their employment agreement. The AFFCO Talley’s expired collective agreement has no such provision” says Darien Fenton, NZMWU Director of Organising.
“AFFCO Talleys threats have left their workforce confused, angry and uncertain what to do. Efforts by the union to engage with the company have been met with no constructive response.” Fenton says.
The company’s refusal to engage with the MWU on this matter is no surprise. Good faith appears to be a foreign concept to them. Labour’s spokesperson on workplace relations, Iain Lees – Galloway was scathing, pointing out that the Employment Court had directed Talley’s to respect the provisions of the Collective Employment agreement.
“Talley’s need to understand they are not a law unto themselves. They’ve been told by the court to honour the agreement. They should do that and respect their workers’ right to a day off.” says Lees-Galloway.
He’s right. The recent Employment Court decision against Talleys is one of the strongest spankings any company has received in recent years. Yet they carry on their campaign against their workers anyway. However, to be fair, it’s not like they think their generous donations to the National Party buy them immunity. That’s not the way things work in NZ. Probably.
Given that a lot of the of the workers at Rangiuru are tangata whenua, to deny them the holiday they are entitled to on Waitangi Day is nothing short of racism. In the last few weeks, Talleys have stood three workers down for wearing union t shirts; all of them Maori. On top of that, Bertie Ratu, Charmaine Takai and George Rarahuri have been sacked. All union, all Maori.
Coincidence? You be the judge.
Enjoy your day off tomorrow, readers. Be happy you don’t work for Talleys. And, please, don’t give them your money the next time you go shopping. Buy from ethical sources instead.
Instead, donate to the victim’s of Talley’s bigotry:
The bank account: Westpac 03 0785 0337075 02 (Wairoa Freezing Workers Union/koha)
The website: Jobs That Count
UPDATE:
In which we hear from Talleys:
tereoputake@gmail.com
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Could someone give me a list of Talley’s products to avoid next time I visit the supermarket?
http://www.talleys.co.nz/divisions/seafood/products/retail-products/
http://www.talleys.co.nz/divisions/dairy/retail/
http://www.talleys.co.nz/divisions/vegetable/green-vegetables/
I haven’t so much as bough their peas for nearly a decade.
Totally agree with post TRP.
I actually bought peas today – deliberately chose to spend more than take the Talleys on special.
Those bastards are the reason we need strong employment laws and compulsory unionism. I know of a logistics company that is also anti-union, but try to make up for it with good working conditions.
Talley’s strike me as the sort of folks who would have owned slaves in years past – and if some of the stories about offshore fishing fleets are accurate, might very well do today (through a number of subcontractors, of course).
Were they watties by any chance?
store brand, so possibly tallys, but not willingly so
Don’t forget all Affco meat products. Hard to differentiate brands of fish and meat but Affco are a large part of meat in the supermarket/Mad butchers.
Demand to know which company the fish or meat comes from.
Thanks Paul
+100…I don’t buy where ever I see the Talley name on products
I very rarely buy anything in packets, plastic and so forth but am very interested to see a list that would make sure I don’t buy anything Talley’s. Are their meats identified by brand? Fish? There must be some way we can stop their stranglehold on the production on their products without hurting their employees. Sickening, their need for wealth and power at the expense of their employees (slaves).
We have these rich, parasitical ego driven members of our society bleeding the lives of their employees, FOR WHAT! A flash house, a flash car, the biggest, ugliest house in the street, all the flash crap that supposedly makes them better than anybody.
What is ironic is that WE are the reason we have all these rich persons. We buy their stuff. Even when we don’t need it. We are lead by the nose. CREATE the need.! AND WE WILL BUY!
OK see lists below. Also looking to boycott Nestle. Are their products listed anywhere??
As far as I know, all Talley’s products you’ll find in the supermarket will have a Talley’s logo on it. It might be a bit hard to spot, like on their Crème de la Crème ice cream, but it will be there. I don’t know of any other brands they own, there weren’t any listed on their website.
No idea how to spot and avoid fresh meat that’s gone through an Affco works, sorry.
Hmm, you’ve got to have rules, you’ve got to have regulations. If this is true then Talleys needs to be prosecuted
No, no no, don’t boycott Talley products in the supermarket.
Go and select their products from the freezer at the start of your shopping. Take your time doing the shopping. At the checkout counter, just leave them out of what you purchase. Shop soiled.
Or, put them in your trolley. Leave your trolley and get a new empty trolley and start your real shop.
Or, when I did merchandising as a summer job we were encouraged to squeeze the competitors products to see how fresh they were.
Supermarkets often don’t pay for stuff until 60 days after it’s been sold, so don’t think that the likes progressive and countdown will to upset over things.
Happy shopping.
LOL *Nice! I got a good laugh out of that one. Filling a trolley up with a mix of their frozen foods and just walking away…haha funny.
I can just imagine the grief the poor supermarket manager would get from Sir Meat-Head when he found out, “give me the video footage”. He would then harass the cops sighting an act of terrorism has happened lol.
Shop spoiled food just means the supermarket has to write it off – they still have to pay the supplier for it though. All you’re doing is harming the supermarket.
This should be pretty obvious really – the supermarkets pay for everything that reaches their distribution centres. After that point, it’s up to the supermarket to manage the products. These operations are far too large to run on any sort of commission basis as you’re implying they do.
If you are correct Lanthanide – Yahoooooo! How many supermarket chains would risk stocking the slave-trader’s wares knowing the risk of it being a serious loss-maker. Admittedly it would be hard on the workers, that is until an ethical fair wage paying investor took over the remnants of the Talley’s bankrupt empire! Better still, no-one would need to be a martyr by taking the bastards out as would be deserved!
Hurting a supermarket for buying Talley’s products doesn’t seem a bad move to me. If they notice that consumption goes down and they’re not shifting inventory fast enough, they’ll buy less, which will also hurt Talley’s.
Besides, they’ll make money if you’re buying a replacement product anyway, and people who don’t know better or who are just fine with union busting are still unfortunately buying their stuff, so all you’re doing is making it shift slower. The supermarket is very likely to have things sorted to monitor their stock and minimise spoilage.
“The supermarket is very likely to have things sorted to monitor their stock and minimise spoilage.”
Yeah, like increasing their security to work out who is intentionally damaging their stock, and take action to hunt the people down and stop them. The police would likely press some sort of charges once you’re caught.
This will make an impact if it’s actually a mass movement. A comment on the Standard does not constitute a mass movement, or even the start of one.
That is theft, and destruction of company property.
Public expressions of revulsion and disgust don’t always observe such niceties. Take Rawshark, for example: nobly risking a seven year stretch to expose the National Party’s ratfucking factory.
The Crown sides with these nasty sociopaths: New Zealand will just have to find another way to defend itself against them.
A new system is required. Uniting different anti government factions is integral. There are too many good individuals and groups who aren’t united to form a large movement against this capitalist debt based system .
Leaving a trolley load of Talley’s products in the aisle is not theft or destruction. Nor is it theft or destruction changing your mind about buying stuff when you get to the checkout
It may annoy staff who have to sort out the mess. It may even require them getting more staff. Just think, Talley’s desire to reduce staff and conditions may actually have the opposite effect.
I suspect Liam is correct. Do it once and I’m sure you could successfully argue it was just a mistake.
It’s not theft (no intention to permanently deprive). It is wilful damage (selecting to spoil and leaving to spoil).
“Their understanding of employment law appears to be restricted to launching endless suits against the MWU which are for the most part frivolous, vexatious and presumably intended to bankrupt the union.”
How many consumer complaints and law suits before Talleys felt some pain? The fish smells. The meat was rotten.
Thanks, Paul, for that list of Talleys products (see 1.1 above).
I like that idea. I’m so tired of weak ideas against such cancerous evil companies and people. I know of the tallest and they are as evil as you think they are.
Interesting how they have connections with national
Thanks for that.
I tried to donate using the bank acct no. given. for Wairoa freezing workers union/koha
Didn’t work..Said ‘please enter a valid acct no.’ Help?
I’ll check the number ASAP. Cheers.
Cheers, I missed a ‘3’. Fixed now. Thanks for helping the workers out, that’s terrific solidarity.
Done- thanks
This is the Brighter Future that was promised to us! We are on the cusp of greatness!
Talleys could be up for the Roger Award Hall of Fame with this effort
I am appalled. This is a NZ company. These people – the ones who own it – are sh – – !
I am one of the 200 Wairoa Locked Out Meatworkers.AFFCO was a NZ owned company until Talleys took control in 2010.Talleys originate from Yugoslavia.Their father changed their name.They hide behind the AFFCO logo.They are greedy,arrogant,lawbreakers and Slave drivers.
Hilton.
“Under law changes agreed by Parliament in 2013, where Waitangi Day falls on a Saturday, as it has this year, the holiday is observed on a Monday for those who don’t normally work weekends. ”
Strictly, speaking, the law is that if you normally work Monday, *and* you don’t normally work Saturday, then you are entitled to a day off on Monday.
If you normally work Saturday, then you observe the holiday on that day (and standard rules for public holidays apply, eg time and half + day in lieu if you work that day). If you don’t normally work Saturday or Monday, then you don’t receive any public holiday for Waitangi day.
Sorry, missed your point, lanth. Can you expand?
Just being more specific about what the law actually is, that’s all.
It’s not enough to “[not] normally work weekends” – you need to also normally work on the Monday.
Personally I think they should have Friday-ised Waitangi and ANZAC day, although I guess that’s a little trickier accounting-wise (bringing the holiday forwards).
Gotcha, good point.
My understanding is that workers at AFFCO typically do work on the Monday and seldom work on the Saturday. If that’s the case, they’d be entitled to a public holiday on the Monday (today).
An “otherwise working day” is a term used in the Holidays Act 2003 to determine eligibility for public holidays, alternative holidays, sick leave and bereavement leave. The principle behind “otherwise working day” is that the day must be one that, but for the day away from work (on a public holiday, alternative holiday, sick leave or bereavement leave) the employee would have worked and therefore should be paid for it.
In most cases whether a day would be an otherwise working day is clear because the working pattern or roster is constant and the employer and employee can understand and agree about whether the employee would otherwise have worked on the day in question.
http://www.dol.govt.nz/workplace/knowledgebase/item/1288
The Department of Labour has a useful factsheet around Mondayisation which includes several scenarios.
http://employment.govt.nz/er/holidaysandleave/publicholidays/mondayisation.asp
Why isn’t this msm headline news? Oh wait … don’t want to upset one of FJK’s crony knights of the realm! So it will stay hidden, out of sight, in msm’s vaults of issues to be totally ignored!
This is disgraceful, though hardly surprising given Talley’s shocking employer record of bullying and brute force thuggery against employees!
It’s made the RNZ news, but I guess the rest of the media are, um, on holiday.
http://www.radionz.co.nz/news/national/295956/affco-threatens-workers-over-waitangi-day
If it weren’t the Talley’s it’d be some other bunch of Tory crims.
It’s the National Party that stirs the pond: scum rising to the top are a symptom, not the disease.
The Talleys sum up everything wrong with NZ. Made their wealth by exploiting the environment, plundering fisheries and then given fishing quotas worth tens of millions for nothing, smashing unions while ignoring innovation and adding value to product, and then given a honour for services to business.
What a nation of numbfucks we vote for.
Key thought a dildo was appalling. But the action of Talleys is appallingly grotesque. Wonder what Key thinks?
Gave Talley a knighthood.
Personally, I thought the dildo was GREAT. I respect imaginative protesters.
Much better than rotten eggs, mud, cow manure.
True, although you wouldn’t want to use it again, not after where it has been…
Is there a spelling error about ? Is it “…..dildo was appalling ” or is it “……dildo was appealing ” ?
Yep these are the people Key’s thinks deserve a knighthood.
No wonder people are starting to boo him.
Let’s here the full story here, is it the case the people been asked to work, normally work Saturdays and got that day off and therefore are required to work Monday TRP got the point but every one else is choosing to ignore it The whole point of mondayising wiatangi day is not to disadvantage people who don’t work weekends when the day falls on a weekend, it’s not to give people who work weekends and extra day off
So that was the point of threatening union members: to clarify the situation.
Luckily we have lickspittles like you to help us understand that.
I get your point, Bloke, but I suspect the union wouldn’t be commenting this way if the law wasn’t being flouted. If individuals weren’t actually entitled to the Monday holiday and complained to the union, they would simply clarify the law for them. Why would the union risk its resources in possible legal cases and risk its reputation with public comments if there was no real issue?
Yes dear
Possibly staff where threatening to be absent from work in breach of contract, I don’t know, but I suggest it’s not what you or this blog are portraying either OAB
Possibly you’re a delusional lying piece of shit who thinks nothing of casual defamation.
Saturday is not a normal working day for these folk, as I understand it. Certainly, the agreement that covers the workers says they have freedom of choice in the matter, which is the point the union is making. And we’re all in favour of freedom of choice right?
Yes but possibly the roster they are on and agreed to includes Saturday, thus they got Saturday off or worked at double pay or what ever and are required for work Monday If they worked Saturday for no extra then I suggest they have a fair grievance but I doubt it
Their agreement says they have the choice.
1. Apparently for these workers, working on Saturday is already paid at 1.5 hourly rate, because it’s classed as overtime. By definition, ‘overtime’ suggests it’s not ‘normal working hours’.
2. Agreeing to a roster which allows the option for you to work on Saturday, *when work is available*, is not the same as “normally working” on Saturday.
If Affco can produce enough evidence to show that they would have required all workers to be present on Saturday in order to meet production targets, then they have a slim arguable case.
However a reasonable employer would have raised this issue and discussed it with the workers / union a least a couple of weeks in advance, about how the situation was to be handled. Not on the Friday via a paper letter given to workers by hand. They have not acted in good faith and so that’s a mark against them, before any matters of what the contract allows are considered.
Hilarious : Ring AFFCO Head Office : T: +64 7 829 2888
“Sorry the staff are not available because you’ve reached us on a public holiday.”
Lucky for some.
Why is that hilarious ? I am sure office staff and admin are Monday to Friday, production I assume is 7 days a week during peak season
Did you actually read the post? Talleys is in breach of the employment agreement and the Holidays Act and acting like bullies. Pull your head in
The post is surmising that ropata, just because a blogger says something this does not make it true Open your mind to critique and don’t just believe what you read or confirms your bias
Clearly you know nothing of Talleys appalling track record and are some kind of silver spoon entitled tory dweeb.
I am open to critique, just not moronic denials like yours that ignore the law, ignore the employment contract, and don’t listen to testimony from respected MPs like Fenton and Lees-Galloway.
WTF you on about Ropata, let’s just get the facts before you throw your toys out of the cot, silver spoon I don’t think so
If you have a dictionary ( I doubt it) look up Dunning Kruger effect, very relevant in your case
I’m sure there’s a spoon somewhere in your past that explains your delusion. Maybe it blocked your airways causing oxygen deprived damage, or it was used to scoop out half the contents before someone realised you weren’t actually a monkey, just a tory ape.
😀
we DO have the goddamn facts you drooling lackwit
” respected MPs like Fenton”.
ex-MP actually. I hope the other facts you quote are not also out of date.
Nitpicky point taken. But I haven’t quoted anything, I have offered opinions based on the evidence outlined in the OP. Perhaps you might wish to acquaint yourself with it.
Good on the office staff having a holiday. I would be the first to stand up for them. Production under the meat workers’ agreement is Monday to Friday. This is the Head Office : where bosses are also supposed to be able to be reached by not only the workers, but also the media. Where the bosses dictate who should and shouldn’t work. Surely you can see the irony.
Surely there’s more to this. If Talley’s ignore the fact it’s a public holiday they’ll be taken to court and lose, and have to pay costs and maybe damages. It would be so stupid you have to wonder whether even appalling shits like the people running Talley’s were capable of doing it.
Is this actually about rostered days? That is, they need to keep large-scale processes running so they’re requiring today’s rostered staff to come in to work and be given a different day off? I can’t picture it being a straightforward attempt to ignore a public holiday.
My point exactly, if Tallys are taking the proverbial they deserve the backlash, I can’t see this been the case though,
They probably figure that the penalties are less than the returns.
Or the union is taking the proverbial, I guesse we will find out eventually
We already know. You, on the other hand, will ignore the employment court’s ruling on this matter as all the previous ones, and advocate for human rights abuse.
And surprise, surprise, Talley’s has been hit with a whopping fine.
Reddelusion should be red-faced as his ill mannered effusions are disproven.
It was not a rostered standard day,it was rostered overtime.Hence the workers should receive time and a half plus an additional time and a half under the holidays act plus a day in lieu. as per their solicitors admission.
http://www.stuff.co.nz/business/76672967/union-meatworkers-forced-into-waitangi-day-work-using-mondayisation-loophole
i think lawyers will have a field day with this,as the additional days work being a “normal day” of work will attract additional holiday entitlement etc.
The penalties can be severe, as they should be. I think the ERA has ruled in the past that employers trying to screw workers out of their entitlements have to pay double. In this case, it could mean that workers are given the public holiday today plus another alternative holiday.
which would probably give old man Talley a heart attack
When I say severe, then I am thinking of something more like several weeks of operational expense and in the hundreds of thousands of dollars. Something that is enough to do very nasty things to the bottom line.
After all, the company in this case has stated that they wish to sack people if they weren’t there on Monday. While it may be a great thing to have the ERA do things months later, it hardly equates to being forced on to the dole for months because the company screwed up. Basically AFFCO and Talleys seem to deliberately take these strange positions all of the time. Takes months to work through the ERA where they eventually lose. It is clear that they are gaming the system. It is also clear that they aren’t going to stop until they suffer enough pain from the ERA to stop playing around.
The returns aren’t financial. Not right now. The goal right now is to destroy the MWU. At which point Talleys get to fuck over their workers at liberty and the returns print themselves.
You assume the Talleys deserve the benefit of the doubt – they aren’t those type of people.
The fact they could be taken to court and lose indicates nothing – Talleys do go to court and lose, defending rotten ‘principles’ despite ending up on the wrong side of the law.
e.g. pleaded ‘not guilty’ and fought a maritime NZ charge after a workplace death on one of their fishing boats – and lost the case.
Talley’s lawyer said
“while the company pleaded not guilty to the charge, it had still acted responsibly.”
Maritime NZ said:
“Talley’s did not accept that they had done anything wrong. That is the key foundation stone of remorse.”
In that case, it appears this multi, multi-millionaire family voluntarily paid less than $54k to the family of the dead employee and was forced by the court to pay an additional $35k – and dragged the case (and by association, the family) through the courts.
http://www.stuff.co.nz/business/industries/68135403/talleys-to-pay-80000-for-death-of-crewman
Another Talleys shocker – appealing a human rights tribunal decision against them for sexual discrimination – and losing the appeal:
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10446196
If you think Talleys should get the benefit of the doubt, I suggest reading this:
http://thedailyblog.co.nz/2015/08/07/talleys-corporate-killing-and-maiming-for-profit/
Not straight forwards as that they wanted people to work Saturday as well then not give them a day in lieu, and the monday and not pay them the 1.5 rate with a day in lieu. They said no, waitangi day is Saturday and paid us all for Saturday not Monday even tho there was no work for most of the plant on Saturday. Past trying to understand them, talleys. Its all I want. Can you not work this out?
[Cheers, linds. I did a bit of editing … I guess you are posting from a smartphone. TRP]
Fair enough if the case, the day in leu howecver does not automatically mean the following Monday Agree may be a point around what they where paid Saturday if your summation is correct, hard to think Talleys HR are that incompetent to get this wrong though Time will tell
Hard to believe that Talleys HR are that incompetent. ……..have you been following the myriad of Employment Court cases mate? Have you read the Judges and the Full Court’s comments? Perhaps it’s not incompetence ; maybe just more bloody mindedness.
Darien this needs to come to a head. A national day of action widely publicised. EVERYONE OUT supported by the CTU and the public. A hardcore picket at every plants gates, any fucker turning up to work will get it!
Sometimes when in the supermarket I am tempted to sabotage every product I see of theirs
Anyone reading this who can consider doing the same could consider themselves a member of the resistance takin on these fascist
And really thats the level NZ has to see themselves at in this war against these fascists who run so much of our country
Everyday you see more and more of this type power being exerted in this country
Why I say they are fascist is simple they take what we all know and want done about our country and depower us from being able to affect the decisions of this govt .
your post is an insult to people who suffered under real fascism Holy smoke Batman chill out
Recognising something for what it truly is not an insult.
Really? Beloved Leader’s family suffered under fascism but is hasn’t stopped him behaving the way he does.
I love it when people surmise on the law. Actually, the MWU knows it well. We spend far more than any union should have to on one company trying to enforce the law, which is deficient in a number of ways.
We don’t go into these things with our eyes shut. MWU already has major court actions on a number of fronts : including a full bench decision in November about Talley’s unlawful actions in locking out workers and breaching good faith to undermine collective bargaining. We’re still trying to get some workers back to work who were unlawfully locked out : they have been out for five months now. We are expecting a decision from the court this coming week. Meanwhile, we have Employment Authority actions around unjustified dismissals of union delegates, another probable sacking coming up soon over a worker defending another for wearing a union t shirt ; a huge range of breaches of the union agreement, which will take hours and weeks and huge dollars to file, but we will ; the company applying to the court for leave to appeal the full bench decision in March, our claim to the Employment Court to have the agreement fixed because of the serious impact on workers of these continued breaches and on and on and on it goes. In the South Island we have major Employment Authority actions on-going. And we are supporting workers who have been injured on the job while Worksafe investigates.
The problem is not the law, interpreting it, or even enforcing it, though that takes big bucks. This company simply doesn’t give a toss. They know they have the millions and millions to keep the union in court forever. Remember we are talking relatively low paid Maori workers in rural areas here.
So my prediction is tomorrow the response will be vicious : suspensions, warnings and actions against the union. I do hope Im wrong. In the meantime, everyone needs to stand up for these workers : you have no idea what shite they have to deal with everyday. Go talk to workers like Hilton (above) or better still get on board and support them.
Can the employment court order Talleys to pay the MWU’s legal costs, for all of these cases where they are clearly in the wrong?
They should.
No one is summerising the law here, we just don’t have all the facts
You lack ethics and personal responsibility, not facts.
you don’t have any facts, but that hasn’t stopped you from union bashing
RD very busy on this thread…..
The facts are available Reddelusion, from various sources (not the mainstream media) – perhaps you could acquaint yourself with them?
I think NZ First and Labour should drop a line to Sir Talley to the effect that should he continue his Dickensian attitude towards his employees, his entire business will be Nationalised without compensation or appeal.
People come first in New Zealand. Corporations as we know, are fouling their own nests constantly. We no longer regard them as legal entities. No matter how many sirs and dames strut their pitiful stuff.
One by one the Corporations will obey the citizens of our Nation.
Proceeds of Crime Act (2009) 😈