| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 105 |
| Hearing date | 18 Sep 2014 |
| Determination date | 22 October 2014 |
| Member | P R Stapp |
| Representation | K O'Sullivan ; G Service |
| Location | Wellington |
| Parties | Davies v Wellington City Transport Ltd t/a Go Wellington |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed - Respondent received complaint from passenger alleging applicant closed door on complainants arm and bus rolled forward before applicant applied break - Applicant suspended pending investigation - Applicant contacted complainant - Applicant sought reinstatement - Bus driver |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Authority ordered non-publication of name of complainant and complainant's daughter. Parties collective agreement provided complaints would not be relied on unless signed. Respondent did not confirm details of complaint and complaint not signed. Complaint could not be basis for discipline. Dismissal unjustified. REMEDIES: Reinstatement practicable and reasonable. 50 per cent contributory conduct. $2,000 compensation appropriate. |
| Result | Application granted; Contributory conduct (50%); Compensation for humiliation etc ($2,000); Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | New Zealand Tramways Union (Wellington Branch) v Wellington City Transport (t/a Stagecoach New Zealand) [2002] 2 ERNZ 435 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Wellington_105.pdf [pdf 5.1 MB] |