Bus driver leaves bus unattended with keys in the ignition…

An employee who worked as a bus driver has had his personal grievance claim for unjustified dismissal rejected by the Employment Relations Authority.

The ERA held that the employer was justified in making the decision to dismiss the employee as the employee had violated the bus company’s policy by leaving a bus unattended, with passengers still inside.  Although no serious consequences occurred as a result of the employee’s conduct, there was a risk that the situation could have resulted in severe consequences.

The ERA found that the employer acted as a reasonable employer could in the circumstances, and followed a fair process which led to the dismissal of the employee. The ERA held that the employer notified the employee of their concerns within a reasonable time. Therefore, after taking into account the intervening weekend and statutory holiday there was no delay in the process.

The ERA also noted that it was fair and reasonable for the employer to consider the employee’s previous misconduct, which had resulted in a final written warning for speeding, in their decision to dismiss him.

Alan Knowsley
Employment Lawyer Wellington