But after losing his job, Ye turned to the Employment Relations Authority (ERA), claiming his dismissal was unjustified and that he was disadvantaged by his employer’s failure to provide him with an employment agreement.
Hooker had a counterclaim in which he sought half of the cost of the replacement clutch and half of the fee to tow the bus back to the yard.
Following a hearing held in July, the authority released its decision earlier this month, ruling in favour of Ye and awarding him $18,000.
The decision stated Ye began working for Hooker, of Manukau Buses Limited, in November 2020 on a permanent contract as a charter bus driver, working a minimum of 30 hours per week.
However, due to the Covid-19 lockdowns, there were long periods when Ye was not given his full 30 hours of work. He asked Hooker for more hours but was not successful.
In February 2021, Ye noticed that the bus he was assigned wasn’t running as “smoothly as it should” and raised this with Hooker.
A month later Ye was carrying 45 school children from Wynyard Quarter to James Cook High School in Manurewa when he smelt smoke while travelling up a hill in slow traffic.
Concerned, Ye pulled over and evacuated the children from the bus. Shortly after police arrived to help “settle” the children and record an incident report.
The ERA decision said some children suffered from smoke inhalation and an ambulance was called.
Ye called Hooker to tell him about the incident and said the clutch failure likely occurred because the vehicle was old and some mechanical parts may have worn out. He denied any carelessness or negligence.
However, Hooker was adamant Ye had been riding the clutch while going up the Grafton motorway onramp, causing it to slip, the decision stated.
“He maintains that Mr Ye should have stopped the bus but instead must have pushed down on the accelerator to get the bus to move over an extended period of time causing the clutch to slip so badly that the interior of the bus filled up with smoke.”
The authority heard that Hooker believed Ye was not qualified to drive manual buses and that it was “simply untenable” for him to employ someone who “puts his passengers in hospital”.
In April 2021, Hooker sent an email to Ye with an employment contract attached, apologising for not providing it to him sooner.
The employment agreement stated: “The employee will work on a casual ‘as required’ basis with no expectation of ongoing employment.”
It was in that same email that Hooker said he believed Ye was responsible for the motorway breakdown, that he was not suitable to drive manual buses and that the company was unable to offer him any further employment.
Ye regarded the advice that Hooker was not able to offer him any further employment as a dismissal, which he claimed was unjustified, he told the authority.
But Hooker said that in the same email he had offered Ye work in a bus with an automatic transmission but Ye had rejected the offer and resigned.
After considering the case, ERA member Leon Robinson found the Trade Me advertisement for Ye’s role had no mention of casual employment and it was likely that Ye expected 30 hours of work on a permanent basis.
Robinson also found Hooker’s email stating he was unable to offer him further employment was a dismissal.
The dismissal was also found to be unjustified as Ye wasn’t given the chance to respond or defend himself against the “very dim view” Hooker had against his driving.
“I conclude that Mr Hooker’s decision to terminate Mr Ye’s employment and how that decision was made and carried out, was not what a fair and reasonable employer could have done in all the circumstances at the time.”
Hooker’s counterclaim was dismissed and he was instead ordered to pay Ye $3000 in lost wages and a further $15,000 as compensation for humiliation and hurt feelings.
