Truck driver falsifies logbooks and timesheets…

A truck driver was dismissed after his employer discovered that he had falsified his logbooks and timesheets, and had failed to take breaks as required by the company’s health and safety policies.

The Employment Relations Authority rejected the employee’s personal grievance claim for unjustified dismissal.

The ERA held that the employer had a substantial justification for finding that the employee had committed serious misconduct as he was part of the Health and Safety Committee and knew of the company’s health and safety policies concerning breaks. The employee also acknowledged that he was aware of the company’s policies, procedures and expectations and knew that if he breached those he could face disciplinary action. The employee understood that failure to observe safety rules and the falsification of documents, constituted serious misconduct under his Collective Agreement.

The ERA held that the employer carried out a full and fair investigation. The employee had been provided with all the relevant information to his case and had been advised of all of the allegations against him and the possible outcomes of the disciplinary process. The employee was represented by union delegates at disciplinary meetings, which were postponed when the employee became unwell. The employer gave the employee the opportunity to respond to the allegations and genuinely considered his explanations before making his decision.

Alan Knowsley
Employment Lawyer Wellington