Truckie awarded $20k for dismissal after two weeks

File photo / Hawke's Bay Today

A Taranaki man has been awarded more than $20,000 in compensation after he was unfairly sacked from a truck driving job he held for just under two weeks.

Peter Tohu was employed by Scrap Metal Exporters (SME) in New Plymouth in August 2009 to drive a truck to Auckland and back for 50 hours a week.

He had been in the job for 13 days when he was dismissed for failing to return from Auckland on August 19 without contacting his employer.

Mr Tohu said he stayed in Auckland after he found out his aunt had suffered a stroke. He visited her at hospital and, after finding out she had been discharged, at her home.

Mr Tohu said he wanted to contact SME but was unable to because he did not have a work cellphone and the company's number had not been provided in the cab of the truck.

He contacted his wife in New Plymouth to ask her to call the company, but she was unable to because she could not get cellphone coverage.

SME's yard manager contacted police with concerns about both the truck and Mr Tohu's safety after he did not return to New Plymouth that night.

Police were able to contact Mr Tohu and confirmed everything was fine.

When Mr Tohu returned the following day the yard manager would not listen to his explanation. He was sacked a day later in front of other workers at the depot.

Mr Tohu took the issue to the Employment Relations Authority, where he sought a year's lost wages of $51,000.

Authority member Paul Stapp said he accepted Mr Tohu's evidence and concluded that a fair and reasonable employer would not have dismissed him in the circumstances.

He ordered SME pay three months' lost wages of $9945, compensation for hurt and humiliation of $7200, a payment towards Mr Tohu's legal costs of $2800, and $211 in fees.

- NZPA