Aldi alleges Jewish manager made racist, homophobic comments to staffers but offers ‘final warning’
An Aldi store manager who was suspended after employees alleged he made a series of vile racist and homophobic remarks has been offered to keep his job.
EXCLUSIVE
An Aldi store manager who was suspended after employees alleged he made a series of vile racist and homophobic remarks has been offered to keep his job despite the supermarket determining the claims were “substantiated on the balance of probabilities”.
But Nikita Potapov says he has no intention of returning to Aldi, accusing the company of “disgusting” treatment.
The 28-year-old, who would have been able to stay on with a “first and final warning” and be required to complete diversity and inclusion training, argues it would amount to an admission that he made the alleged comments, which he vehemently denies.
“Apparently in their eyes I’m a sexist, I’m a racist — but that’s OK, you can still come back to work,” he said.
“Would you go back to that? How can I enjoy my job again and do what I love doing looking over my shoulder, pretty much with a target on my back for the rest of my Aldi career, setting me up to fail. It’s hurtful, it’s disgusting.”
An Aldi spokesman said, “We take allegations of this nature very seriously and follow a strict process to ensure they are investigated thoroughly as we believe in creating a safe and inclusive environment for our people. Aldi has communicated the disciplinary outcome to the individual concerned and the employee will be required, amongst other things, to undergo tailored training in relation to the findings of the investigation.”
The Melbourne store manager was suspended with pay and ordered to hand in his keys last month after staff members alleged that he had made inappropriate remarks about Muslims, black and Indigenous people, used racist and homophobic slurs, and demeaned co-workers and customers.
Mr Potapov, who is Jewish, suggested that the complaint was instigated by a Muslim employee who was unhappy about being denied a transfer to another store.
He claimed that several months earlier, she had asked if he was Jewish before making what he felt was an inappropriate comment about the October 7 terror attacks and the Holocaust.
In one alleged incident, the staff member claimed a customer entered the store wearing a Palestine flag T-shirt, causing Mr Potapov to remark, “If Muslims care so much about the war, why don’t they go back to Palestine?”
On another occasion, in the context of the woman explaining how to pronounce her name correctly, she alleged Mr Potapov said words to the effect of, “Well the white way is the right way so I’ll stick with what I’ve got.”
She also alleged that when she asked him why the store “doesn’t have more team members of colour”, he replied, “If black people stop committing so many crimes maybe we’d have more around.”
The staffer also alleged that he called LGBTQ+ individuals “f**s”, in reference to a customer wearing colourful clothing, and that when she mentioned she had a boyfriend, Mr Potapov told her “I thought you were a lesbian”.
It was further alleged that during a team building meeting, in a discussion about the US presidential election, Mr Potapov made disparaging comments about Democratic nominee Kamala Harris, including “she’s black and she’s a woman, I’d never vote for her” and that black women “shouldn’t have that sort of power”.
Several other staff members were named in the letter, including one who claimed Mr Potapov used a racial slur to refer to an Indigenous football player after a poor performance in his team’s match.
“I’ve been working for 13 years of my life and never had any issues, this is the first time something like this has happened to me,” Mr Potapov previously said.
“I literally sat in the office for five minutes with my mouth open. I was just in shock, I couldn’t believe it. I didn’t know what to say.”
In a letter to Aldi responding to each of the claims, Mr Potapov commented that the incidents “absolutely did not happen”.
He said he condemned racism, homophobia and ableism and that he always treated team members with respect.
Mr Potapov maintained that the allegations are “absurd” and that he had a good relationship with the roughly 16-member team.
“All of my reviews have been star reviews, there’s never been anything negative, and all of a sudden in the space of two or three months I go and do all of these things? It’s just crazy,” he said.
In one recent performance review, Mr Potapov was scored as exceeding his KPIs and praised for his “relentless focus on store standards”.
“Nikita is a great organiser of the team … he has also developed a great relationship with the team,” the review stated.
Aldi notified Mr Potapov on November 8 that it had concluded its investigation, finding that he had “made inappropriate racial and political comments, prejudiced remarks about LGBTQ+ individuals, and unprofessional and derogatory remarks to staff”.
Nearly all of the claims were found to be “substantiated”.
“On the balance of probabilities, Aldi has made a finding that the conduct did occur,” the letter said.
The allegation that he used a slur to refer to an Indigenous footballer was “unable to be substantiated as Aldi does not have sufficient information”. Mr Potapov had pointed out to Aldi that the team he supports does not have any Indigenous players.
“In undertaking the investigation, Aldi took a number of steps including undertaking a review of your written materials, examining CCTV footage, and interviewing relevant witnesses involved,” the letter said.
“In reaching the conclusions outlined above, we have preferred alternative accounts (including witness accounts).”
Aldi said it reached its conclusions for reasons including the “volume of concerns raised by multiple different team members”, “evidence from other team members regarding your conduct”, “contemporaneous records regarding conversations which occurred” and “what appears to be a pattern of behaviour including the making of inappropriate comments to Aldi team members”.
It also took into account the “seriousness of the allegations and the potential impact on the workplace environment and the need to maintain a safe and respectful workplace for all team members”.
Aldi said it was investigating the “serious allegations” made by Mr Potapov against the Muslim staff member — which the supermarket had incorrectly identified in a previous letter as being of “Palestinian descent” — but said they were “distinct from” and did not affect the current investigation.
The company has not made any findings against the worker.
“Given the findings of the investigation, Aldi is considering terminating your employment,” the letter said, but added he would be given an opportunity to provide a response.
“I had to send them a two-page letter about how mentally broken I am from this,” Mr Potapov said. “It’s absolutely turned my life upside down. I have to see a psychologist, it’s really affecting me quite badly.”
To his surprise, Aldi responded on November 19 notifying him that he would be issued a “first and final written warning” and ordered to comply with a number of directions, including completing training on Aldi’s code of conduct, workplace diversity and inclusion, and harassment and discrimination.
Mr Potapov would be allowed to go ahead with a transfer to the Caulfield South store, but banned from visiting his previous store without “prior written approval”.
Aldi said it was “difficult to accept as you allege that the ‘other staff have colluded to come up with false allegations to get rid of [you] because [you] are Jewish’ in circumstances where, to its knowledge, no team member at Aldi has ever raised any matters in relation to your race, religion, or ethnicity”.
“Aldi rejects any suggestion that you have been treated unfairly during the investigation or disciplinary process ‘on account of [you] being a Jew’, that Aldi has been ‘selective’ in its investigation, or that the allegations were connected in any way to your religion or otherwise,” it said.
The directions also warned Mr Potapov not to discuss the investigation with the media, which he realises will likely result in his termination.
Mr Potapov’s lawyers lodged a general protection application with the Fair Work Commission earlier this month.
Workers who have not yet been dismissed can apply for general protection if they believe their employer has taken illegal adverse action against them.
“If they’re going to terminate me then we’ll take the next steps,” he said. “If they think we’re letting this go they’re in dreamland.”
Adam Glezer from Consumer Champion, who is representing Mr Potapov, said he believed Aldi “offered the Caulfield position as they thought it would make them look better publicly than firing him” and would have the “added benefit of having a Jew open their new store in a predominantly Jewish area”.
“Nikita’s situation is just a drop in the ocean compared to what is happening to Jewish workers both in Australia and worldwide,” he said.
“I have heard some terrible examples of anti-Semitism in the workplace. A lot of companies believe they are untouchable because they know ‘the little person’ won’t take them on. Nikita’s bravery in coming forward should be used as an example for others in a similar position to follow suit.”
Mr Potapov insists that he is “speaking for so many other people” and being a “voice of the voiceless”.
“They still haven’t given us the evidence — there’s no audio, how do they know I said these things?” he said.
“I’m 150 per cent confident [no audio exists] because I never said any of those things. Why would I be going through all this trouble, going to the media and the Fair Work Commission? It’s not funny, it’s just pure evil. To get rid of a person like that and come up with those kind of quotes is just evil.”
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