An employee working as a bus driver has
been dismissed after he failed to collect a $2.90 bus fare from his wife, and subsequently
did not account for the fare.
The Employment Relations Authority
upheld the employee’s personal grievance claim for unjustified dismissal.
The ERA held that the employer failed to
act as a fair and reasonable employer could in all of the circumstances by
holding the employee to a higher standard because he was involved in union
activities and was particularly passionate during collective negotiations for the
introduction of a staff family pass.
The ERA found that the employer had thus
drawn conclusions that the employee’s failure to take corrective action was
intentional rather than a mistake.
The ERA noted that it is unlawful to
discriminate against an employee because of their union membership, and awarded
the employee over $4,600 for lost wages, over $370 for holiday pay, and over
$140 for KiwiSaver contributions. The employee also received $4,800 in
compensation for humiliation, loss
of dignity, and injury to the feelings.
Alan Knowsley
Employment Lawyer
Wellington
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