What happened?:

I have been the subject of discrimination in my workplace by office staff, store staff and senior staff including the CEO, in relation to...

My physical size. Several staff have said they feel uncomfortable around me because of my size My weight. I have been mocked on several occasions for having problems with my weight management and how much I eat

My mental health. This relates to a disclosure of privileged information between myself, the owner and the warehouse manager which I go into detail about later in this document

My tattoos. The owner has an open disdain towards tattoos, saying that “anyone who has a tattoo is wasting their money. Tattoos are filthy and disgusting” and have even stated that his son would be written out of his will if he ever got a tattoo.

My employer has failed their obligations under the Employment relations act 2000

My employer has failed to observe a Fair and Reasonable Process in respect to them taking actions against me

My employer has pressured me into breach of the Health and Safety Act 2015 and treating me negatively in that regard (one example is public humiliation after trying to observe a health and safety regulation regarding a customer)

My employer has used horizontal violence / passive aggressive retaliation against me after a Protected Disclosure of information between myself, the owner and warehouse manager.

I felt it was necessary to privately inform the O and FM that I had been diagnosed by my GP with Clinical Depression. I felt it was respectful to them to let them know I may have to take leave to seek treatment (which I did pursue at my own expense) but was explicit with my wish to keep the issue private and let them know all the information I had available to me at the time in regards to appointments and hoped they would keep it private in good faith. O expressed that he felt that it was not in the best interest or safety of other employees that the matter was kept private and expressed that he might like to inform other staff. I disagreed with the O during this private meeting, and reiterated my wish to keep it between the O, FM and I. That same afternoon a meeting was called with all staff present whereupon the CEO informed all staff that I had depression. I found it extremely embarrassing and a breach of my privacy. That same evening another staff member used this to his advantage by personally attacking me when I happened to laugh at a joke that another staff member had made at their expense. While other staff were also laughing at this joke I was the only one targeted for retaliation.

Staff: “HEY! We were just told to take it easy on you and you’re laughing at a joke about me!” Me: “Sorry, I was just laughing at a joke”

My employer has taken actions that could be easily interpreted as Constructive Dismissal

Staff have acted so poorly towards me that I have felt that remaining in my current role was no longer an option

Felt that my health and safety was compromised for the overall profit of business

Preferential treatment was given to other staff of a similar position and skills Company vehicle was given to a staff member before myself. The staff member in question had not been working for the company as long as I had at the time. The staff member's personal vehicle had been disabled in a motor vehicle incident outside of work and because they “had a family” CEO and FM gave the vehicle to them and that was the only reason they were doing so and they felt it necessary to explain this to me. My personal vehicle had been disabled literally outside home base and I was only allowed to borrow a work vehicle for a day so that I could get home and swap to a family vehicle

My employer has failed to provide employee records when requested and/or have failed to give any explanation as to why they do not have those requested files

My employer (as well as sales staff) have made my personal cell phone number available to both staff and customers without my permission, even though I had requested a work only cell phone which they refused to provide

Customers have called me to demand I go outside of my pre-planned delivery route to serve them

Office/sales staff have sent text messages outside of my working hours, regardless of their own hours of work and outside of normal business hours.

Excuses were made by both sales/office staff and the CEO

One being that the sales rep in question was not the one to give out my number as he didn’t have my number, when it was clearly posted on the wall within eyeshot of his desk and he had previously called me using his cell phone.

The CEO engaged in gaslighting behaviour, telling me that he read the text message sent outside of business hours and said it was “only trying to help” and that the said office staff member sent the text that late due to having to take care of their child and not being able to text until after 5pm

My employer has failed to give a job description / a description of my delegated duties in my contract for the entire time I have been employed while at the same time expecting me to hit KPI requirements, which they have not outlined.

It is also my suspicion that office staff have blamed their mistakes on me by changing Packing Slip details. The details of Packing Slips can be changed by staff up until they have been confirmed / invoiced in the infusion software program used by staff. The name of who entered the packing slip, who sold the product contained as well as the time the order was entered into the system can be changed.

In the few files I was given, I discovered a defamatory statement regarding use of drugs and/or alcohol while serving as a delivery driver. It states the following…

“Several staff reported he was acting different as if under the influence of alcohol or drugs. No action taken but noted"

This was never brought to my attention by the CEO, there was no meeting regarding the allegations and no drug/alcohol test was taken at the time and I was allowed to continue working out in public as a delivery driver. This hand written note was put into my employee file by Jarrod.

I believe this was done to directly defame me and slander my reputation so that it could be used later as blackmail should I wish to pursue any legal action against the company and/or to ruin possible employment chances outside of the company should they be called for a reference by future employers

As the note states only that “several staff members” had made this allegation to CEO and no names were provided, I can only assume one of two possibilities. That the CEO is actively protecting the identities of my accusers or, more likely, the CEO has written this note himself and there were no other staff involved

It should be noted that during my free time I assisted a co-worker and their partner at the property they lived in at the time in moving some heavy furniture. I and a close personal friend, who works with currently and at the time of this interaction, the Department of Justice as a community corrections officer assisted in the moving of this furniture and upon completion of the task, were offered alcohol and Marijuana while at the premises. While we did take part in one or two beers between the pair of us we both refused the marijuana. CEO is also fully aware of this staff member's consumption of marijauna outside of work and has even made reference to it in front of me. As far as I am aware this staff member does not have a medical dispensation for the use of marijuana for their medical ailments which they have made public on many occasions.

Other staff have alluded to the use of recreational marijuana infront of CEO and yet there appears to only be discrimination against me

On multiple occasions I have been required to attend adhoc “meetings” without…

24 hours notice of the meeting. Usually these would take place in the morning when I first arrive at work, interfering with my ability to do my job A clear Agenda for what was to be discussed Taking any minutes regarding who was in attendance or what was said Giving me the chance to request a support person

On the one occasion I did insist and have in attendance a support person, CEO reneigned on his attendance of the meeting, having another staff member attend in his place.

When I have asked on other occasions to bring a support person or delay the meeting so I can prepare myself properly, the CEO has not allowed this to happen, saying “it’s nothing bad”

The Owner has given me a written warning regarding two items without…

24 hours notice of the meeting regarding the written warning A clear Agenda for what was to be discussed Taking any minutes regarding who was in attendance or what was said Giving me the chance to defend myself Giving me a chance to request a support person

The two items of concern to the owner were…

A social media post that was made by me This post was made while I was trying to take a break of 15 minutes out on my delivery run which is frequently interrupted by sales staff and there have never been any provisions for them to be observed

The subject of the post was made on my personal facebook story with my own personal phone, there is no mention of SPL as a company and was in relation to bad drivers on the road “screwing me over” by making complaints that come through directly to the CEO and the owner about any driver. I was informed by the owner that a "customer” had seen the post and had informed him. To this day I have never been told who that customer was and no evidence of the customer's name or business has ever been made available to me, even at my direct request for information under the freedom of information act. A similar incident with another driver resulted in that person's “bonus” being slashed considerably, disadvantaging that employee.

My performance I have frequently asked for assistance when picking my delivery run as I am unable to pick orders while doing deliveries. It has been alluded to on previous occasions that I would receive some assistance however this has never been put into action and excuses have been made as to why I am not receiving assistance when I have questioned the issue further. This has led to me making mistakes that have later been used to evaluate my performance and paint a solely negative picture of my performance as there is no documented evidence of good performance on my behalf.

Excuses given by the CEO have been wide and varied. On one occasion he said that it was not feasible to do so as there wasn’t enough work to go around. This stands in stark contrast to the fact that as of Monday 05/10/2021 a new temporary staff member has been hired to fill in for another staff member who is currently unable to attend work due to ongoing health issues, and other roles have been filled by family members of other staff for different roles. Also in contrast to this was when I was asked if I knew of anyone with knowledge of the products in house that would like to work solely dispatching orders for long haul / out of town delivery or that all other staff were busy and unable to assist in picking orders to be delivered with some rare exceptions

At no time has there been a knowledgeable staff member to assist in improving my performance with the systems and locations of products for more than perhaps a few hours total over the entire span of my employment. If I make a mistake I am admonished, often in front of other staff and customers and I have no opportunity to learn from my mistakes.

Office / Senior / Sales staff have on multiple occasions been aggressive towards me, in front of both other staff and customers. It should be noted that when I have appeared to be frustrated or “angry” according to other staff members, the CEO has not hesitated to once again pull me into surprise adhoc meetings regarding my “Aggressive behaviour”, with the excuse of staff feeling I am “unapproachable” or “confrontational” and are “uncomfortable” with my behaviour and that it is unacceptable for me to behave in such a manner due to my size. Meanwhile other staff have been openly aggressive to me and nothing has been said to them even if I have brought it to the attention of both FM and the CEO...

On one occasion while I had stopped to assist a sales team member with serving a customer, the sales team member had become frustrated and began swearing loudly enough to be heard over heavy machinery by both the customer and the other staff present. Their exact words were as follows...

“For fucks sake” - no response from anyone although the customer was very taken aback

“Fuck this place, I hate these fucking people” - Again the customer was very shocked by this expletive riddled non specific statement. I responded jokingly by saying “Hey mate just calm down” which was then followed by…

“YOU CAN SHUT THE FUCK!” - This statement was directly aimed at me at which point I stopped assisting and walked away to continue my own work

Later this same staff member came to me and gave what could only be described as an excuse for their behaviour. The exchange at this time between myself and the staff member was as follows…

Staff: "I’m sorry for blowing up at you earlier” Me: “Well if that makes you feel better” Staff: “I only blew up at you because I was pissed off with other people” Me: “You can say whatever you want but that doesn’t change how I feel”

I did so to indicate that I did not accept this as a formal or proper apology without being directly confrontational and to firmly let them know that what they considered an apology and their previous behaviour was not acceptable to me.

A senior sales staff member was questioning FM as to why a delivery had been delayed

Upon seeing me approach to ask FM a question they interrupted to ask me why the order was delayed as the customer was complaining they hadn’t received the delivery yet. I tried to explain that the delay had been a simple miscommunication. The staff member proceeded to throw their hands up in the air and shout “OH COME ONE!”. The staff member immediately ceased any further discussion with me at this time and continued to talk to FM. It should also be noted this particular member is a shareholder within SPL stock. I once again walked away to continue on with my work and the staff member in question has never apologized.

On two separate occasions the CEO has publicly and vocally admonished me in front of customers. He was loud, aggressive and used less than appropriate language to berate me for simple mistakes that could be fixed quickly but felt it necessary to talk condescendingly and at length to me and remind me of how every mistake I make costs the business money. I have yet to see the CEO behave this way towards other staff and the CEO has yet to apologise for his actions as of the writing of this document, 07/10/2021.

Failure to observe protocols for covid pandemic

The company has never provided rubber gloves has never provided individual eye protection for each staff member failed to provide allocated break times for my delivery run Sent me out on delivery runs without proper PPE (A customer with proper PPE protocols donated rubber gloves and anti-bacterial wipes and I have had to provide my own masks)

        Using me as “muscle” to intimidate a private business owner

A Vehicle belonging to O had been sent to a modification shop. It had been at this private business for 9 months according to O. On the 27th of october of 2020 at around 12:45pm, after I had returned from my first delivery run I was instructed to see O. O instructed me to get in a work vehicle and follow him. I asked him what I was needed for, and simply replied I should just follow him. I did as instructed assuming he needed help lifting something heavy that he wanted to pick up. Upon arrival O proceeded to enter the private business and verbally assault the staff present with me present, threatening that if the other vehicles parked in the way of his weren’t moved that he would return with myself and other staff members to move them and “wouldn’t be gentle about it” by using a fork hoist and hiab truck. O then instructed me to wait at the premises until a certain member of the modification shop's staff returned. I had absolutely no warning beforehand that this was what was going to happen but did as instructed and stayed behind for fear of retaliation from the O. At 1:18pm the owner sent a text...

Owner: “Any sign of the contract yet? I’ve organized car transport to pick up the ute later this arvo. Suggest you remind the boys there to shift the cars behind or we will with a forklift or hiab and won’t be too gentle doing it!”

I had no intention of doing so and decided myself that I would resolve the matter in a civil manner, and in order to placate John I replied…

Me: “No sign yet, I’ll have a chat with the lads”

Owner: “Be mancing”

I then proceeded to explain the situation to the staff at the business and told them that I had no idea I was to be used as an intimidation tactic and I had no desire to get into any altercation with anyone there and just try and get back to my own job. I asked if it would be ok for me to move the vehicles myself and I was happy to do it myself to avoid any further interference. The matter ended between myself and staff with me apologising to the staff for O's behaviour and that I didn’t want them to assume I was compliant with the owner's behaviour. A tow truck then came and collected his vehicle with no further incident. I shook hands with the owner of the private business and went back to work.

        Setting double standards for other staff and myself

        Failing to increase wages alongside government cost of living wage increase

        Preferential treatment of other staff over myself

       Giving other staff pay raises while denying me pay raises for three years 

       The owner mentioned in my first interview that bonuses at the end of the year were mainly made by withholding pay from staff in order to “ensure that they had money over the Christmas period”. I don’t think this is legal

       I have been abused by customers and senior staff have done nothing when I  have reported it. One customer in particular was quite bad as he abused me for a mistake made by the office staff on his order directly to my face when making a delivery. I reported this to the CEO, saying…

Me: “I don’t particularly appreciate being abused when I go out of my way to make sure this customer is the first delivery of the day”

CEO: “Well that is just how that customer acts, he’s stressed out because of the mistake and there isn’t much we can do I’m afraid”

My time there has been damaging to an immeasurable degree. I no longer feel able to work in a normal environment without assistance from antidepressant medication or counseling/therapy which is costly and inconvenient as the psychotherapist I prescribe to is a fair distance away from both my job and my home, and is not government subsidised, thusly I am required to pay for their services personally in full. The reason I went to this service however is that it has proved the most effective and I did not have to wait 6 weeks for assistance. I had been at one point catatonic on my couch, unable to function at all, not eating or being able to even leave my house. At one point I was in my kitchen with a knife to my wrist with my wife having to talk me down and later hide every single sharp implement in our home for my own safety.

The trauma I have suffered at the hands of the company has also negatively affected every single relationship in my life. My wife has had to coach me through mornings of immediately waking up to debilitating panic attacks as soon as I am conscious while also trying to go through her own mental struggles and function normally. I have come home most days frustrated and been unable to relax, even on weekends. I was constantly worrying about what would happen the next week.

My direct family and my in-laws watched as I suffered the indignity of a mental break down in my own home, turning what is a very large young man with a friendly disposition into a huddled crying mess on the floor, and while I’m sure that they think no less of me, the sheer embarrassment of that incident is absolutely humiliating, and I can say with confidence that if it were not for my treatment there, I would not be in the position I am today.

Most days I was treated as the butt of the joke and while I was a member of the Health and safety committee there I was never taken seriously by staff when in toolbox meetings and my request to send staff without prior forkhoist experience or training to a course for the health and safety of everyone was ignored.

I was never allowed to show any emotion other than being totally and completely happy with every single thing that happened there and any time I grew even mildly outwardly frustrated, all it took was one person from staff going to FM or CEO and i was immediately pulled into ad-hoc meetings where i was forced to explain why i was frustrated, everytime being gaslit and led into giving an explanation that put the onus solely on me and being forced to apologise.

I spent many days fearing when the next “meeting” would happen, paranoid that other staff would report me if I put a single toe out of line and with the example of other staff having bonuses cut, this showed that it was never safe to step out of line even if I was justified in doing so. It was so bad that one day in January 2020 I came into work with a cold and had a sore throat and blocked nasal passages and found it difficult to speak for long periods. I kept my voice low and spared my words and this was interpreted as me being “angry” by one of the sales team, which I was once again pulled into a meeting for by CEO where gaslighting and leading the conversation lead to me once again having all blame put onto me.

In every single ad-hoc regarding any perceived infraction I have been gaslit and led into taking responsibility and being forced to apologise.

I have lost all self confidence and every waking moment is a constant mental struggle as I’m bombarded with feelings of inadequacy, anxiety, hopelessness and paranoia. Simply getting out of bed in the morning to go to work is a struggle and I’m constantly looking over my shoulder. I no longer seek friendship with work colleagues and don’t trust anyone. When I think about getting up to go to work I am filled with dread at the prospect of working another day in a normal 9-5 job. I have considered injuring myself to the point of requiring me to be on ACC just so I don’t have to face another day.

My time driving during the covid pandemic only made it worse, every single day I was afraid for my safety and while there I was rostered to work during the second instance of Level 4 without my consent or prior consultation and I was expected to show up. As a lifelong sufferer of asthma I am one of the ones most at risk from the virus and when delta proved resistant to the pfizer vaccine it only heightened my anxiety, even though i had both shots by that time, every single niggle or tickle in my throat felt like a death sentence and I was constantly travelling and interacting with multiple different customers in all areas of the greater Auckland region. With this came the old abuses by office staff, making unreasonable requests and setting unreasonable standards. I truly believe that my worker rights have been violated and that my human rights have been violated as well