Man fired for driving forklift too quickly

An Auckland man sacked for driving a forklift at excessive speed in order to work faster has failed to have the decision reversed.

George Sun, a former truck driver for Pitango Innovative Cuisine, sought reinstatement, compensation for mental stress, and reimbursment of lost wages and other expenses including medical advice.

The Employment Relations Authority (ERA) heard how in February 2009 supervisor Larry Liu caught Mr Sun driving a forklift at excessive speed, after hearing loud braking noises and screeching.

Mr Sun did not have a valid New Zealand forklift licence, and was not supervised at the time of the incident.

His explanation was that he had been driving fast so that he could finish his job quickly.

Mr Liu told Mr Sun that in his view there had been a serious breach of the health and safety policy, which constituted grounds for instant dismissal.

"You are not rid of me and I will make a reprisal," said Mr Sun, before leaving the company.

ERA member Alastair Dumbleton said the behaviour of Mr Sun in driving the forklift dangerously and in doing so while unlicensed and unsupervised was serious misconduct.

"Bearing in mind the paramount importance of safety, the procedure followed was adequate in its fairness and reasonableness," he said.

Mr Dumbleton found the dismissal of Mr Sun was justifiable, and that he did not have a claim of personal grievance.

- NZPA