| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 137 |
| Hearing date | 18 Nov 2010 |
| Determination date | 16 September 2011 |
| Member | H Doyle |
| Representation | J Kilkelly ; J Sargeant |
| Location | Dunedin |
| Parties | Griffin v Citibus Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant had acted in manner which had irreconcilably breached trust – Complainant (“W”) got on bus to complain about applicant’s driving – W verbally abused applicant – Applicant closed door behind W and drove to next stop notwithstanding fact W demanded to be let off and said children were left in car – Applicant claimed continued driving to next stop because wanted to stick to timetable and passengers had right to get home on time – Applicant claimed had done nothing wrong – Applicant accepted did not warn W that was going to drive off – Applicant claimed representative (“B”) was cut off by respondent general manager (“C”) from making statement during disciplinary meeting – Applicant claimed not able to make all comments about incident at disciplinary meeting and was not listened to – Applicant claimed outcome predetermined – Authority found applicant and B had sufficient opportunities to put forward explanations about incident – Found C asked relevant questions, asked questions again if response unclear and gave articulate responses to issues raised by applicant, which was conduct not indicative of decision maker with closed mind – Found C did not disclose decision to dismiss to anyone before conveyed to applicant – Found C did not have to put conclusion that applicant could not be trusted to applicant – Found respondent conducted full and fair investigation – Found applicant was driving at challenging and stressful time of year and was distressed by W’s verbal abuse – Found applicant had received training on how to deal with conflict type situations – Found applicant gave no satisfactory explanation for not stopping bus earlier – Found fair and reasonable employer would have reached decision to summarily dismiss – Dismissal justified – Bus Driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Sutherland v Air NZ Ltd [1993] 2 ERNZ 386 |
| Number of Pages | 13 |
| PDF File Link: | 2011_NZERA_Christchurch_137.pdf [pdf 45 KB] |