| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 101 |
| Hearing date | 12 Sep 2014 |
| Determination date | 21 October 2014 |
| Member | T MacKinnon |
| Representation | K O'Sullivan ; G Service |
| Location | Wellington |
| Parties | Leu'u v Wellington City Transport Ltd (Go Wellington) |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant due to hand over to different driver - Driver not at stop so applicant put bus in neutral, left motor running and walked to bus depot - Applicant sought reinstatement - Bus driver |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Applicant on final written warning for safety related incident. Respondent had genuine concerns about applicant's inability to accept actions posed risk to health and safety. Dismissal within range of actions available to fair and reasonable employer. Dismissal justified. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3)(a);ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d) |
| Cases Cited | Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Wellington_101.pdf [pdf 1.6 MB] |