Inquest into autistic learner driver killed in crash, allegedly pressured into driving

The photos of Jake Ginders (left) pictured as a child, he was 23 when he died, and Floyd Harris, 21, displayed during a coronial inquest into their deaths. Photo / Jeremy Wilkinson

The mother of an autistic man who died in a car crash with a colleague on the way to work says his manager “pressured” him into driving despite knowing he only had his learner’s licence.

“He didn’t have the skills to say no,” Sharon Harris told a coroner’s inquest in Palmerston North today.

Her son, 21-year-old Floyd Harris, was driving himself and colleague, 23-year-old Jake Ginders, to work in Dannevirke just after 6am on January 16, 2019.

Harris was on his learners licence at the time and as he tried to go round a moderate left-hand bend near Woodville he crossed the centre line and collided with a ute coming from the opposite direction.

Both he and Ginders died instantly.

Four years after the fatal crash a coronial inquest has been launched into the circumstances surrounding their deaths.

Specifically under the microscope is the pair’s employer AWF, the country’s largest facilitator of “blue collar staff” in construction, infrastructure development, logistics, manufacturing, food processing and waste management sectors.

Family members of the two dead men say that managers at the company allegedly pressured Harris into driving colleagues long distances to work despite knowing he didn’t hold the right licence.

Any driver on a learner licence cannot drive between the hours of 10pm and 5am and any passenger carried by them must have held a full licence for at least two years.

Pressured to Drive

Sharon Harris told the inquest this morning that her eldest son Floyd hated letting people down and saw the world in “black and white”.

She said his autism made it hard for him to understand facial and body language cues and sarcasm, and he was always fearful of being fired or getting in trouble.

Floyd Harris was on his learners licence when his car crossed the centre line and collided head-on with a ute in 2019. Photo / Givealittle

Before the accident Harris said her son contacted her and was worried about how much fuel it would cost him to pick up two colleagues and take them to work.

She was aware that he had done this on many occasions - at his manager’s request - and was concerned about the legality of him doing it.

On the night before the accident his manager met him at a petrol station to fill his car up for him so he could pick up Ginders and another man who ended up declining the ride.

He would often have to get up as early as 3.30am to pick up those colleagues.

“I feel like he was backed into a corner and didn’t have a choice,” Sharon Harris said.

“He told me he was too scared to say no, and felt pressure to comply or he would be given no further assignments.

“He lacked the skills to say no.”

Harris said her son should never have been assigned pick-up duties for other employees and that AWF pressured her son into doing it because they knew he was in his learners and knew that with his autism he was unlikely to say no.

“This was a tragic yet totally preventable accident ... if it wasn’t for the pressure placed on Floyd these young men would still be alive and we wouldn’t have to be living this constant nightmare.

“AWF holds most of the blame here as they held all the positions of power.”

Reluctant Passenger

Mark Ginders said neither he, nor his son Jake, were ever comfortable with hitching a ride with a learner driver.

He said his son had worked hard for the company and often stayed late, worked early and accepted contracts for work without complaint.

Despite being unhappy about travelling with Floyd Harris, Ginders said his son “probably did not want to say no”.

Coroner Janet Anderson is presiding over the inquest into the accident this week.

Ginders said that a manager at AWF called him after the accident to express her condolences. He said he asked her if it was standard practice to have learner drivers collect other employees.

Ginders said the woman told him it was not standard practice and that she didn’t know it was happening.

“No Mark we don’t do that,” he recalls her saying.

“It just felt like they were hiding something from day one.”

He went on to say that AWF shouldn’t be allowed to arrange private travel without checking the fitness of the vehicle, any medication the drivers are on, and the licences they hold.

“No one should die due to an employer’s negligence.”

Under questioning from AWF’s lawyer, Matthew Ferrier, Ginders said that his son and Harris weren’t friends outside of work and definitely would not have arranged travel between themselves.

Jake’s brother Luther Ginders also worked for AWF and told the inquest today that the night before the accident his brother had told him he didn’t want to travel with Harris.

He said Harris was harassing him about petrol money and that he didn’t like how fast he drove. Luther said Jake called his manager and said he didn’t want to go with him and walked away from the phone call looking “disgruntled”.

Luther Ginders also worked for AWF and said “Having been in his shoes I fully understand the pressures that AWF management place on their employees.”

The inquest is taking place at the Palmerston North District Court. Photo / Jeremy Wilkinson

“I kept my mouth shut about a lot of the speeding and unsafe driving I saw,” he said.

“Managers would simply look elsewhere for jobs to perform the jobs.”

Jake’s aunt, Diane Ginders, said that communication from AWF following the accident outlined how the company said they hadn’t known Harris was on his learner’s licence.

“Their only product is the people they provide to other businesses,” she said.

“If you don’t know your people, then you really shouldn’t be in the business of people.”

AWF

The former general manager of AWF’s Palmerston North branch, Donna Lynch, told the inquest the company accepted its role in facilitating Ginders’ transport to work on the day he died.

“The licence Floyd held was not verified ... Which was an oversight with tragic consequences,” she said.

Lynch said that there was no pressure for AWF employees to take assignments and there were no recriminations if they chose to decline.

“This informal arrangement happens from time to time at AWF.”

AWF is the country's largest recruiter and provides on-demand "blue collar" staff for a range of professions. Photo / Bevan Conley

Lynch said AWF checked their employee’s licences if they were going into a role where they were required to drive, but checks were not carried out on employees who were driving themselves and others to work.

Now, the company does conduct licence checks on its workers in the wake of the accident.