Ex-bus driver fails in bid to overturn ruling

A personal grievance challenge by a former bus driver has been dismissed by the Employment Court.

A personal grievance challenge by a former Tauranga bus driver who claimed he was unjustifiably dismissed has been rejected by the Employment Court.

Graham Keepa, who began work with Go Bus Transport Ltd on March 7, 2011, lodged a claim of unjustified dismissal with the Employment Relations Authority after his employment with the company ended on August 23, 2012.

The company argued Mr Keepa's termination was by agreement following complaints from passengers, members of the public and other road users, plus alleged serious misconduct.

That included complaints about his moody, abusive behaviour towards passengers, failing to follow the correct route, erratic driving and failing to keep both hands on the steering wheel.

In a determination dated July 5, 2013, the authority ruled Mr Keepa was not dismissed but resigned, and he was still bound by a settlement agreement with Go Bus on August 16, 2012.

The authority ordered Mr Keepa to pay $3500 towards the company's legal costs.

Mr Keepa then filed a further challenge to the authority's determination with the Employment Court which was heard in Tauranga over several days in August and September this year.

He sought a $10,000 compensation payment, reimbursement of $7680 lost wages, plus costs.

Mr Keepa claimed his employment ended as a result of unjustifiable actions taken by Go Bus, which included not affording him the right of a support person at a disciplinary meeting, and not advising him of the consequences of failing to follow instructions.

He also claimed a Go Bus Transport manager prepared a dismissal letter before the disciplinary meeting, pre-judged the outcome and did not act in good faith.

Go Bus denied the allegations and said the termination was by agreement.

In his October 12 decision, Employment Court Judge Mark Perkins said he found the authority was correct in dismissing Mr Keepa's personal grievance case.

"There can be no suggestion in this case that Go Bus gave Mr Keepa an ultimatum of either resigning or being dismissed. Nor could such a circumstances be implied from what occurred.

"He was not constructively dismissed. Nor was there any unjustifiable action by Go Bus to Mr Keepa's disadvantage," Judge Perkins said.