A Hawke's Bay bus driver has lost his bid to get his job back after punching a co-worker in what he described as a ``battle between good and evil''.
Ralph Dickinson was justifiably dismissed by Hastings-based bus company Go-Bus after a long standing altercation between him and co-worker Gary Esau culminated
in a violent assault, the Employment Relations Authority (ERA) ruled.
The two men had to travel every day in a company van from Napier, where they lived, to the bus depot in Hastings.
Mr Dickinson said Mr Esau had threatened him repeatedly since he started the job, amongst other things with his gang connections.
The ERA said over the seven-month period incidents of ``immature name calling'' took place and Mr Dickinson was ordered by Go-Bus to refrain from speaking to Mr Esau unless it was necessary for operational reasons.
The depot manager stated that both men were capable of provoking the other and reacting, and advised that if the kind of behaviour continued, it may result in disciplinary action.
Mr Esau then complained to the depot manager he had been assaulted by Mr Dickinson in the work van, and he wanted police involved.
Mr Dickinson admitted the assault, but said that given the perceived lack of support from Go-Bus he did not believe that the company had provided a safe environment for him.
But the company said they could not overlook the fact he had physically assaulted another employee and dismissed him.
A district court judge later discharged Mr Dickinson without conviction on a charge of assault, ordering him to make a $200 donation to a charity.
The ERA found it was ``not a battle between good and evil'', but rather Mr Dickinson applying criminal means to ensure he was no longer troubled by Mr Esau.
While there was no doubt that he was provoked, there was no element of self-defence and therefore the matter was clearly one of serious misconduct and the dismissal justified.
