Swastika dismissal appeal lost

A Christchurch worker who drew a swastika on his company overalls just days after the March

15 terror attack has lost his appeal for unfair dismissal.

Ivan Ilin worked as an operator at Meadow Fresh’s milk processing facility in Upper Riccarton for almost 10 years when he was sacked on March 19, 2019.

Four days after a gunman opened fire at two Christchurch mosques, Ilin was asked what he thought about the shootings. He then drew the Nazi symbol on the chest of his overalls, along with a tally of 15 marks.

He is also said to have used the words ‘‘white supremacy’’.

When someone complained, Ilin was called to see his manager to explain what had happened.

He said he was ‘‘joking around and meant nothing by it’’.

In a letter, the company wrote: ‘‘This alleged action is unacceptable given that the swastika is known as a Nazi symbol [and] is stigmatised by association with ideas of racism and anti-Semitism.’’

The matter went before the Employment Relations Authority (ERA), with Ilin claiming compensation for loss of earnings, ‘‘humiliation, lost dignity and injured feelings’’ and costs.

In an employment meeting on March 25, Ilin said the incident was an ‘‘ill-timed joke’’ and the tally he drew related to the number of broken crates.

He was told his actions ‘‘reek

100 per cent of approval of what happened [the mosque attacks] on the previous Friday’’.

The matter was also reported to police, partly because Ilin had previously brought knives to work and had ‘‘a reputation for keeping knuckledusters at work’’.

Ilin later told police the 15 tally marks were to keep count of pushups he did at work.

His photo was included in a police security briefing of ‘‘people to be aware of and keep an eye out for’’ during a mosque attack memorial service, the ERA report stated.

At a further employment meeting on March 29, Ilin said he was not racist, his wife was Chinese, and he had friends from other ethnic backgrounds. He described his actions as an unsuccessful attempt at humour and expressed his remorse for the incident.

He also said he ‘‘does not support the atrocities of 15 March or the associated ideology’’.

His representative said the union would support a final written warning, a written apology and behavioural training.

However, Ilin was told his actions and words were ‘‘not acceptable’’ and he was dismissed for serious misconduct.

In April, 2019, he lodged a personal grievance, claiming unjustifiable dismissal. He alleged the company – which is owned by International food group Goodman Fielder – used the incident to dismiss him to avoid incurring the cost of making him redundant, which would have arisen in April, 2019, due to process changes.

The ERA concluded there was no evidence to support this claim.

ERA member Philip Cheyne dismissed Ilin’s claims.

‘‘I find Goodman Fielder’s actions and how it acted, were what a fair and reasonable employer could have done in all the circumstances.’’