Sexual assault complaint sends fired bus driver to 'hell and back'

The lawyer for a bus driver found not guilty of sexually assaulting a female passenger says his client has been to "hell and back" after being suspended without pay for 18 months before being fired.

North Shore bus driver Keerithi Merennage won a fight at the Employment Relations Authority against Ritchies Transport after it found he was unjustifiably dismissed from his job in October 2013.

Police laid two charges of sexual assault against Mr Merennage but a court later found him not guilty of the offences.

ERA member Eleanor Robinson said Ritchies Transport's decision - made following the court trial - to dismiss Mr Merennage was "pre-determined" and not based on a full and fair investigation.

The authority also found the company breached its own contract by suspending him for 18 months without pay in December 2011.

Ritchies Transport was ordered to pay Mr Merennage 18 months' backpay, $20,800 in lost wages and $10,000 for hurt and humiliation.

However, the amount was reduced by a third because he had not notified Ritchies that he had taken a supermarket job while suspended.

Yesterday, Ritchies Transport told the Herald the authority's decision was "appalling" and "incorrect". The firm planned to get legal advice this week about appealing against the decision as it believed it had done nothing wrong.

Mr Merennage's lawyer, John Clearwater, told the Herald it was the right decision as there had been insufficient evidence and his client, who was happily married, had been "to hell and back through this and it was so unnecessary".

"The couple have one son - they are immigrants - and it has just been so traumatic. But he's determined to fight it to the bitter end and if I thought otherwise I would be giving him appropriate advice."

During his suspension, Mr Merennage suffered financial pressure and was bankrupted in February 2013 when he could not repay debt.

After months of hunting, he found a supermarket job in February last year, and also considered moving to Australia for work.

Ritchies Transport director Andrew Ritchie said the company stood by its actions.

He said the remedies the company had been ordered to pay were "ridiculous" and he rejected the finding that Mr Merennage's dismissal was pre-determined.

"We followed correct procedure," Mr Ritchie said. "We did everything right."