The Employment Relations Authority has awarded lost wages, and damages for hurt and humiliation, to a driver dismissed after refusing to drive a vehicle without a current Road User Charges label.

The employer dismissed the driver without advising him of the allegations and without giving him any opportunity to respond. The dismissal was therefore unjustified.

However the driver’s refusal to drive meant that small children were left uncollected on the side of rural roads.  This was an unacceptable situation that the employee created.  His damages and lost wages were reduced by 50% as a result.  The ERA said the driver was lucky that his remedies were not lost totally.

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