Tow truck driver awarded $10,000 over dismissal

A tow truck driver has been awarded more than $10,000 after being unjustifiably dismissed by his employer.

Bernard Royce took his case to the Employment Relations Authority (ERA) in Auckland after being fired by Bruce Cotton, trading as Emerson Breakdown Service.

Authority member Dzintra King said Mr Cotton did not file a statement of reply, did not attend an investigation meeting and did not make himself available for mediation.

The ERA found there was no written employment agreement when Mr Joyce was employed as a breakdown service technician in April 2005.

He was initially paid $500 a week plus $10 for each after hours call-out, and in 2006 this was increased to $600 a week plus $15 a call-out.

Although nothing was said directly to him, Mr Joyce said he had heard rumours that the AA was going to end its contract with Mr Cotton.

On July 24, 2008, he phoned Mr Cotton regarding his wages and was told that he no longer had a job and had been given notice two weeks earlier.

Mr Joyce said at no stage was he given notice, nor was he given any instructions regarding the company vehicle he had.

He had requested his time and wages record, but they had not been supplied. He was unsure how much annual leave he took during his employment as he had no records himself.

The authority ordered Mr Cotton to pay Mr Joyce $10,120, comprising $2400 for four weeks' annual leave, $2400 for one week's pay in lieu of notice and three weeks' lost remuneration, $4000 as compensation for humiliation and distress, and $1250 costs plus a $70 filing fee.

- NZPA