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Home / New Zealand

Sacked bus driver in Dunedin wins $10k payout

Otago Daily Times
9 Sep, 2015 09:03 PM4 mins to read

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Kevin Hellyer was dismissed by Go Bus Transport in August last year.

Kevin Hellyer was dismissed by Go Bus Transport in August last year.

A Dunedin bus driver unfairly dismissed over a $2.90 fare has been awarded a $10,000 payout.

Kevin Hellyer was dismissed by Go Bus Transport in August last year, after an undercover transport inspector spotted him allowing his wife to ride for free.

Mr Hellyer admitted allowing his wife on to the bus without paying, saying she had forgotten her wallet and ''used her beguiling ways so I let her on the bus''.

That led to a series of meetings between Mr Hellyer, Go Bus Dunedin depot manager Kayne Baas and others, resulting in Mr Hellyer's dismissal on August 14.

Mr Hellyer later complained to the Employment Relations Authority, which ruled in his favour in a decision released yesterday.

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It found Mr Hellyer's dismissal was discriminatory because of his role as a union representative involved in collective bargaining at the time.

Mr Hellyer had told the authority his union role ''seemed to come under scrutiny'' during meetings with Mr Baas and others which led to his dismissal.

That included a comment by Mr Baas, who told Mr Hellyer ''you being a union delegate, of all people you know that you can't allow passengers to travel for free ...''

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Go Bus insisted Mr Hellyer was justifiably dismissed, describing suggestions of discrimination because of his union role as ''an absurdity''.

Go Bus maintained Mr Hellyer showed intent to defraud the company, and did not take options available to repay the fare or notify management.

Mr Hellyer denied that, saying he had made a ''gut decision'' to allow his wife on without paying, and was merely careless in overlooking options to resolve the matter later.

The authority found the company had held Mr Hellyer to a higher standard, and drawn conclusions about his behaviour, because of his union position.

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Mr Hellyer had been ''careless or negligent'', but his dismissal was ''in part directly or indirectly because of his involvement in the activities of a union'', which was prohibited, the authority found.

Mr Hellyer had suffered ''humiliation and loss of dignity'' as a result of his dismissal, and had been unable to find other employment since then.

Go Bus was ordered to pay Mr Hellyer $4676.54 in lost wages, $4800 in compensation, $374.12 in holiday pay and $140.30 in lost KiwiSaver employer contributions.

Interest of 5% would also be applied to wages, holiday pay and the KiwiSaver contribution from February 3 this year until payment.
Kevin Hellyer was dismissed by Go Bus Transport in August last year, after an undercover transport inspector spotted him allowing his wife to ride for free.

Mr Hellyer admitted allowing his wife on to the bus without paying, saying she had forgotten her wallet and ''used her beguiling ways so I let her on the bus''.

That led to a series of meetings between Mr Hellyer, Go Bus Dunedin depot manager Kayne Baas and others, resulting in Mr Hellyer's dismissal on August 14.

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Mr Hellyer later complained to the Employment Relations Authority, which ruled in his favour in a decision released yesterday.

It found Mr Hellyer's dismissal was discriminatory because of his role as a union representative involved in collective bargaining at the time.

Mr Hellyer had told the authority his union role ''seemed to come under scrutiny'' during meetings with Mr Baas and others which led to his dismissal.

That included a comment by Mr Baas, who told Mr Hellyer ''you being a union delegate, of all people you know that you can't allow passengers to travel for free ...''

Go Bus insisted Mr Hellyer was justifiably dismissed, describing suggestions of discrimination because of his union role as ''an absurdity''.

Go Bus maintained Mr Hellyer showed intent to defraud the company, and did not take options available to repay the fare or notify management.

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Mr Hellyer denied that, saying he had made a ''gut decision'' to allow his wife on without paying, and was merely careless in overlooking options to resolve the matter later.

The authority found the company had held Mr Hellyer to a higher standard, and drawn conclusions about his behaviour, because of his union position.

Mr Hellyer had been ''careless or negligent'', but his dismissal was ''in part directly or indirectly because of his involvement in the activities of a union'', which was prohibited, the authority found.

Mr Hellyer had suffered ''humiliation and loss of dignity'' as a result of his dismissal, and had been unable to find other employment since then.

Go Bus was ordered to pay Mr Hellyer $4676.54 in lost wages, $4800 in compensation, $374.12 in holiday pay and $140.30 in lost KiwiSaver employer contributions.

Interest of 5% would also be applied to wages, holiday pay and the KiwiSaver contribution from February 3 this year until payment.

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