Truck driver sacked over weight awarded $14,500

The Employment Relations Authority has awarded a Hastings truck driver $14,500 after his employer sacked him for being too big and suggested he undergo a stomach stapling operation.

Bruce Douglas was given a medical examination prior to being interviewed for a position at Godfrey Haulage Ltd in Mount Maunganui during September 2007.

The nurse found he was fit to work, but noted: "to be a good employee he really needs to lose weight."

Mr Douglas also suffered pain from a leg injury and leg ulcer.

During the interview with Godfreys managing director John Dynes and operations manager Paul HOpecroft, he was told the Rotorua-based job included loading and unloading the truck and asked if he would have any problems with this, or with climbing the ladder to the truck.

Mr Douglas said he could do the job and while driving home from the interview received a phone call asking him to return to sign employment papers.

After training for one week, Mr Douglas was in the smoko room when Mr Dynes phoned him to ask how the job was going.

Mr Douglas said it was different to long haul but he was enjoying it and all was well.

Mr Dynes replied: "I've got a problem, I think you should finish up".

When Mr Douglas asked why, he was told he should consider joining a gym and hiring a personal trainer to help him lose weight.

"You've done nothing wrong, you're too big for the job," Mr Dynes said.

He also asked if Mr Douglas was a member of Southern Cross as it would subsidise a stomach stapling operation.

Mr Douglas told the Employment Relations Authority he had never been spoken to that way and was reduced to tears.

Mr Dynes said his comments were intended to be supportive and were based on a genuine concern.

He told the authority they had agreed on a week-long trial period, but Mr Douglas denied this.

Mr Dynes then said the company's collective agreement specified a three-month probation period during which employment could be ended at any time.

The authority disagreed, saying a three-month period meant three months, "and not one day less".

With no income, Mr Douglas was forced to put his house on the market, lost his stockcar and two other vehicles and had to ask his family to lend him money.

Godfrey Haulage was ordered to pay $10,500 in lost wages and $4000 compensation for hurt and humiliation.

- NZPA