Bus driver's sacking upheld

A Wellington bus driver who was fired over his behaviour with a 13-year-old passenger has failed in his bid for compensation.

An Employment Relations Authority (ERA) decision released today found Mana Coach Services had acted appropriately in dismissing Peter Windsor.

Mr Windsor was suspended on pay last August after a 13-year-old girl and her father complained about his behaviour.

"Amongst other things, the girl said the driver in question engaged her in conversation during a bus trip and at one point, when she was the only passenger, stopped the bus," the report said.

"She says he got her to change the route plan sign, asked her to put her cellphone number on his phone, took her cellphone and put his contact details into it and took a photograph of her with his cellphone."

In response, Mr Windsor said many of the girl's claims were lies and said she had started the conversation and that she took the photograph of herself.

ERA member Denis Asher said the company followed a thorough and exhaustive process to investigate the matter, providing Mr Windsor with repeated opportunities to put forward his side of the story, before he was dismissed the following month.

"On clearly demonstrable grounds the company found the complainant's version overall consistent, and Mr Windsor's account unreliable. That conclusion is, I find, fairly and reasonably made out."

In particular, the company did not understand why Mr Windsor would delete the image from his cellphone given that it might have demonstrated his claim that she had taken it herself.

Mr Asher said he accepted Mr Windsor's dismissal was substantively and procedurally justified because his actions amounted to inappropriate and unacceptable behaviour.

- NZPA