Employee challenged dismissal, bullying, and discrimination. Company won on every single count

A Fonterra tanker driver who refused both COVID-19 vaccination and rapid testing has lost his case, with the court backing the company's health and safety approach.

Carl Berryman drove milk tankers for Fonterra for five years before his employment ended in April 2022. His refusal to comply with the company's pandemic safety measures led to a legal battle that concluded on December 12, 2025, when the Employment Court dismissed every claim he brought against his former employer.

Berryman challenged his dismissal on three fronts: unjustified termination, workplace bullying, and discrimination. Judge M S King ruled against him on all counts, delivering a decision that offers HR teams a clear roadmap for navigating workplace health and safety policies.

The dispute began in late 2021 when Fonterra, like many large employers, grappled with how to keep its 12,000 New Zealand workers safe as COVID-19 spread through communities. As an essential service in the food supply chain, the company had operated throughout lockdowns and needed a sustainable approach to managing ongoing risk.

Fonterra developed its own risk analysis rather than adopting the government's generic workplace assessment tool. The company examined 61 different role types across its operations before consolidating them into seven categories for assessment, consulting with unions, health and safety representatives, and...

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