| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 515 |
| Hearing date | 8 and 16 Oct 2014 (2 days) |
| Determination date | 16 December 2014 |
| Member | V Campbell |
| Representation | G Pollack ; D Gould |
| Location | Auckland |
| Parties | Tuiloma v Transport Auckland Corp Ltd t/a Waka Pacific |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant operated vehicle in such a way as to threaten or intimidate member of public – Whether applicant deliberately operated bus in forward direction with pedestrian in direct path – Whether applicant failed to report incident – Accident – Suspension – Bus driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Completion of online form by complainant rather than sending complaint in e-mail complied with spirit of collective employment agreement (“CEA”) as complainant’s full details provided. Timeframes for notifying applicant of complaint not met. Conduct complained of fell within exception to timeframes under CEA as could amount to serious misconduct. Principles of natural justice did not entitle applicant to confront or question complainant directly during disciplinary process. Nothing would have been gained by complainant being subjected to questioning by applicant or representative. Information provided to applicant negated need for site visit. Applicant given full opportunity to make submissions on respondent’s findings and proposal to dismiss. Applicant subject to final written warning still current at time of dismissal. Information available through telematics system supported complainant’s version of events. Would have been extremely useful to have shown applicant complete video compilation of bus movement but failure to do so did not result in unfairness to applicant. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s174;Human Rights Act 1993 |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Auckland_515.pdf [pdf 128 KB] |