Road rage bus driver fails in dismissal claim

Road rage seems to affect many people at some stage. Another driver fails to give way, follows too closely, or does something stupid and thereby put someone else in danger - and all of a sudden the fist is shaking, the horn is blaring, and swear words are issuing forth. People are often more abusive when behind the wheel of their car than they are in other situations where someone behaves inappropriately - perhaps because they feel more secure inside their car.

A classic example happened in March this year, involving Mr Tamatea, a bus driver employed by Cityline (NZ) Ltd. Another driver failed to give way to him at an intersection and he had to take evasive action. Further down the road, Mr Tamatea pulled up alongside the car. He then got out of the bus, leaving it unattended, went up to the other car and verbally abused the other driver, allegedly spitting at him, grabbing the vehicle's mirror and reaching inside the vehicle. A witness said she "thought he was going to punch the driver he was that angry".

Mr Tamatea said the other driver had made a racist slur during their altercation, which had provoked him. The company's view was that this happened only after Mr Tamatea had made the decision to confront the driver. It had provided Mr Tamatea with training about conflict resolution and handling stressful situations, and felt that public safety could have been compromised by his decision to confront the driver.

After investigating the other driver's complaint, and following a disciplinary process, it decided to dismiss Mr Tamatea. He brought an unjustified dismissal claim, and also complained about his suspension (prior to the dismissal). The Employment Relations Authority dismissed both claims. It said that given the seriousness of Mr Tamatea's behaviour, the employer was entitled to dismiss him, and it followed a fair procedure in doing so.

This case shows that unfortunately, professional drivers are not immune to road rage - and it can cost you your job.

 

 

Greg Cain

Greg Cain is an employment lawyer at Minter Ellison Rudd Watts.