Minister sorry for telling worker to 'f*** off ... loser'

Consumer Affairs Minister Andrew Bayly says he has been encouraging the Commerce Commission to...
Andrew Bayly. Photo: RNZ

Commerce Minister Andrew Bayly "doesn't believe" he told a worker to "f*** off" during a site visit, but has refused to give further detail about what was said.

The business employee formally complained after the visit earlier in October, saying Bayly told him to "f*** off" and repeatedly called him a loser, making an 'L' with his fingers on his forehead.

In a written complaint, released by the minister on Friday afternoon, the employee said he had been left feeling "degraded, embarrassed and deeply disrespected" during the visit in early October.

Bayly apologised Friday afternoon for his conduct.

In an interview on RNZ tonight, Bayly said he did not recall exactly what language he used.

"I had a brief interaction with a person for a few minutes, out of that he's taken great offence, so I have apologised to him unreservedly."

"They were light-hearted comments," Bayly insisted.

When pressed on whether he told the person to "f*** off," Bayly told Checkpoint, "I don't believe I used that word at all."

Bayly said he didn't "want to go through" what he said but that "I don't want to have a dispute around what he claims I've said."

"I've said to you before, I don't believe I used that word, but the bigger issue I put him in a situation where he felt offended and for that I have apologised, I have apologised to him twice."

Bayly said the man didn't get him "wound up," and it was a "very lighthearted exchange, but unfortunately he took offence at it."

"I've unreservedly apologised to him."

Asked if he was being a bully with his actions, Bayly said "I believe I've had hundreds if not thousands of visits to businesses, it was a very brief interaction with the person."

"I'm sorry that I put him into a situation and I own that. That's the issue that I'm accepting that I should not have put him into this situation."

Bayly told Checkpoint he had not had anything to drink prior to the conversation.

The complainant said in the letter he felt "embarrassed, ridiculed and degraded" by the minister after the incident earlier in October, although the story has only come out to the public now.

"The person has chosen to make their feelings public and again I have apologised to the person but they have chosen to go down a different course."

Bayly would not be drawn on when he let the prime minister know about the incident.

"Nothing was intentional, it has occurred though, and I own that situation."

When asked, Bayly said in his role as commerce minister he had not used foul language on any other business visits or called anyone else a loser.

"Not that I'm aware of," he said.

"For the record, that's not my style. … It was a light-hearted exchange but unfortunately it turned into something where someone took offence.

"That's not the way I conduct myself."

Bayly was asked if he thought he should keep his job as commerce minister.

"It's a job I feel passionate about," he said. "... I have apologised to the prime minister, I've said it won't happen again."

"He's of a view that he wishes to support me and I'm keen to continue in my role."

In an accompanying statement issued Friday afternoon, Bayly said his comments were intended in "a light-hearted manner" but he accepted they caused unintentional offence.

"I obviously got this completely wrong, and I have unreservedly apologised to the person concerned ... I take responsibility for the situation, and I am sorry.

"I regret my actions. They fall well short of the behaviour expected of a minister, and what I expect of myself. I have also apologised to the prime minister, and given him my assurance it will not happen again."

In a separate statement, Prime Minister Christopher Luxon said he was disappointed in Bayly's conduct but continued to hold confidence in him.

"He fell well short of the professional standards of behaviour I expect from ministers. He has apologised, both to the person concerned and to me, and has given me his assurances that it won't happen again."

Labour leader Chris Hipkins said the prime minister was not enforcing the standard that he had demanded while in opposition.

"While this is ultimately a matter for the National Party, I would note that this is the latest in a string of instances where Christopher Luxon has failed to show leadership on poor behaviour by his ministers."

The complaint letter released by Bayly

"I am writing to formally lodge a complaint regarding the unacceptable behaviour I experienced at the hands of Andrew Bayly during his ministerial visit on OCT-24. This encounter left me feeling degraded, embarrassed, and deeply disrespected in front of my colleagues. The emotional impact of the incident is significant, and I believe it is important to bring this to your attention so that appropriate action can be taken.

When Andrew Bayly was introduced to me, one of the first things he asked was why I was still at work. His tone was dismissive, and he proceeded to say, “Take a bottle of wine and go home, go on, go home...take some wine and f*** off.”

His behaviour and the way he spoke to me suggested that he had been drinking prior to arriving, which made the situation even more uncomfortable. Certainly not the demeanour one would expect from a representative of the New Zealand Government.

As he stepped closer, invading my personal space until we were shoulder to shoulder, Andrew again questioned why I was still working, noting that no one else was on the warehouse floor. What followed next was both shocking and humiliating. He called me a “loser” repeatedly, saying the reason I was still at work was because I am a “loser.”

He turned to the group of people with him at the time, including my boss, the Minister’s assistant, marketing staff, and employees, and formed an ‘L’ with his fingers on his forehead.

He then continued to call me a “loser,” over and over, clearly trying to amuse the group at my expense. I felt angered and powerless in that moment, made to feel like I was the object of ridicule in front of my peers.

It was degrading to be insulted in such a personal way, and I was left feeling embarrassed. Being called a loser, repeatedly, by someone in a position of authority, and being made a laughing stock in front of my colleagues, was an experience that no one should have to endure.

After this, Andrew and the group left the warehouse, but twice Andrew returned, insisting that I come to the [...] and “have a drink” with him.

On both occasions, I refused. The entire situation was deeply uncomfortable, and I felt as though I had no choice but to lock the warehouse early and leave, as I was overwhelmed with absolute disgust from the minister’s treatment towards myself.

The emotional impact of this incident has been significant. I have felt embarrassed, ridiculed, and degraded. To be publicly ridiculed and insulted in this way has left me deeply offended. I take pride in my work, and to be treated as though I was somehow lesser, or deserving of ridicule, is unacceptable.

I did not dedicate [...] of my life to the [...] only to be belittled by an ambassador of the very government I served.

I have been part of the [...], I have been part of, and lead, [...] - all of which require a form of etiquette severely lacking in Andrew Bayly. I believe that this behaviour should not be tolerated in any professional setting, and I am requesting that this matter be addressed promptly.

I deserve to work in an environment where I am treated with respect and dignity, and I trust that appropriate action will be taken to ensure this type of behaviour is rectified and does not happen again. I look forward to your response and to seeing how this matter will be resolved. Sincerely."

The Response:

In a letter from Bayly on 11 October to the business in question, he thanked the team for hosting him at their "impressive facility".

He went on to say he appreciated the concerns of the worker being brought to his attention and noted he was "deeply saddened to learn" he had caused, what he described as, unintentional offence.

"What had intended to be a sharing of a light hearted moment, has obviously caused great offence to him," he wrote.

The minister apologised unreservedly and said he regretted "misreading the situation".

In a follow-up letter today addressed to the complainant, Bayly again apologised, saying he would be grateful for an opportunity to meet with the worker and communicate that directly.

"While I meant my comments in a light-hearted manner, I accept that they made you feel embarrassed and insulted. I got it wrong, and I deeply regret this. I am sorry.

"I want to reassure you that I was not intoxicated when we met. Regardless, my behaviour was unbecoming of a government minister," Bayly wrote.