Trainee driver awarded $8,600 after unjustified dismissal…

An employee’s personal grievance claim for unjustified dismissal has been upheld by the Employment Relations Authority.

The employee worked as a trainee driver and was dismissed by the employer for speeding, and for failing to carry his log book and to pick up a scheduled passenger. The employer had also received complaints from two customers.

The ERA said that the employer should be upfront about possible consequences when considering a decision that may affect a worker’s employment. A fair and reasonable employer should also have conducted an investigation into the complaints when there was no great additional effort or delay. 

The ERA also noted that the employee should not have been dismissed before the results came back as to whether the employee was in fact speeding.

It held that the employer did not consider any alternatives to dismissal, or provide the employee with an opportunity to comment, or make available any information that might have affected the decision.

The ERA awarded just over $5,200 for lost wages, plus $3,400 compensation for humiliation, loss of dignity and injury to feelings.

Alan Knowsley