A Napier Go Bus driver who was prosecuted and dismissed from his job after punching more than tickets, has failed in his bid to get his job back.
Ralph John Dickinson, 46, was found guilty of assault after a back-seat brawl with colleague Gary Esau while they were travelling to workin 2009, and subsequently dismissed from his job with the bus company.
Yesterday, the Employment Relations Authority (ERA) ruled the dismissal was justified.
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.
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 for operational reasons.
The depot manager stated both men were capable of provoking the other and reacting, and were advised if that kind of behaviour continued, it may result in disciplinary action.
On August 18, 2009, Mr Dickinson become annoyed after his colleague jumped into the back seat behind him without closing the van door.
Dickinson chided him for not shutting the door, to which his fellow driver replied: "Well, if you didn't sit so close to the door I wouldn't have to smell your bad breath all the time."
After a few minutes of arguing, Dickinson spun around and threw about six punches.
Both drivers lost their jobs.
Dickinson was discharged without conviction and ordered by Judge Tony Adeane to donate $200 to the Child Cancer Foundation. He admitted the assault, but said he did not believe Go Bus 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.
The ERA found while there was no doubt he was provoked, there was no element of self-defence and therefore the matter was one of serious misconduct and the dismissal justified.
