Service station right to fire worker - ERA

A South Auckland service station worker who violated safety procedures leading to him being attacked, then said he could not take part in a disciplinary process because his glasses were broken in the attack, was justifiably dismissed, the Employment Relations Authority (ERA) says.

Tarsem Singh was fired from Pegasus Station Limited's (PSL) Clendon service station in Manukau in October last year after he locked a customer in the service station - a direct violation of the company's health and safety procedures.

Mr Singh complained to the ERA, saying he was unjustifiably dismissed and PSL breached its employment agreement by failing to keep him safe.

On July 10 last year, Mr Singh locked the station doors in contravention of staff safety procedures when a male customer became abusive.

He said he was "extremely concerned" for his safety and feared the man's companions on the forecourt would "do further harm".

When he refused to open the doors for the man he was repeatedly punched and his glasses broken, he said.

Mr Singh returned to work a week later but refused to perform his duties as a cashier because he said he needed his glasses.

He also refused to attend a disciplinary meeting over the incident "without reading and understanding the contents of the letter (advising him of the meeting) and for that I need my glasses".

He had wanted the company to replace his glasses, while PSL said it would do so, provided Mr Singh had followed correct safety procedures.

PSL said Mr Singh's actions constituted serious misconduct because he put himself and another employee in danger.

He also failed to turned up for several shifts after the incident, and did not provide the company with either his broken glasses or a quote for a replacement pair.

The ERA ruled Mr Singh was aware of the company's security policies and made the situation worse by violating them.

He was justifiably dismissed and PSL did not fail to ensure his safety, it said.

- NZPA