ERA weighs in on 'serious misconduct' case involving driver, unruly kids
A former bus driver won her case of unjustified dismissal against her employer who terminated her despite "entirely lacking in procedural fairness."
Beth Wolak had been a bus driver for Boss Transport Limited, which is trading as New Zealand Coach Service, before she was terminated in December 2021 for serious misconduct.
The misconduct stems from an incident a month prior when she signalled the police she passed by to talk to unruly children inside the bus. According to Wolak, she became concerned as they were "becoming quite unruly and moving around the bus."
After the police spoke to the children, Wolak said their behaviour "improved dramatically." She later reported the incident to her employer and was asked to file an incident report.
Complaints leading to firing
However, Boss said they received complaints from several "very angry parents" who asked about the incident.
The employer sent a warning to Wolak about her behaviour, warning that she could be terminated if further complaints lead to her termination. But at the time, Boss employee Audette Little, financial consultant Peter Jury, and Boss director Malcolm Little had already met to discuss Wolak's employment status.
Following the meeting, Malcolm sent Wolak a letter informing her of her termination.
"It is quite disturbing that the police have also been involved. We view this as serious misconduct, and it has an ongoing effect on the reputation of our business," the letter said, as quoted by the Employment Relations Authority (ERA).
Wolak raised an unjustified dismissal claim to the ERA, but Boss maintained that their decision followed all necessary steps and was justified.
ERA decision
The ERA ruled in favour of Wolak, pointing out that the driver was not involved in the process that led to her termination. It noted how Boss did not ask for her explanation to what had occurred, or indeed whether her action in involving the police was justified.
"Boss decided to dismiss Ms Wolak in a manner entirely lacking in procedural fairness," the ERA said in its ruling. "It simply decided that on the basis that Ms Wolak had involved police to quieten unruly children she should be dismissed."
The ERA ordered Boss to pay Wolak $4,940 (less PAYE) for lost wages, as well as $15,000 for humiliation, injury to feelings, and loss of dignity.
Meanwhile, Malcolm Little told the New Zealand Media and Entertainment (NZME) that he would be appealing the decision.
