A truck driver in New Zealand has been awarded NZ$180,000 in compensation following what his legal team described as an unjust dismissal after being convicted of drink-driving. The Employment Relations Authority (ERA) ruled that the termination of David Te Whata’s employment by TR Group was both unfair and unreasonable, despite the seriousness of the offence.
Te Whata was initially stopped by police in November 2021 even as driving a TR Group vehicle. A subsequent breath test revealed an alcohol level exceeding the legal limit. He pleaded guilty to the charge of driving with excess breath alcohol and was disqualified from driving for six months. TR Group subsequently informed Te Whata of his dismissal in December 2021, citing the breach of company policy and the impact on their reputation.
The ERA’s determination, released publicly this month, focused on the proportionality of the dismissal given Te Whata’s previously unblemished 15-year record with the company. ERA member Eleanor Woodhouse found that TR Group had failed to adequately consider mitigating factors, including Te Whata’s length of service, his remorse, and the fact that the incident occurred outside of work hours. “The employer did not undertake a fair and reasonable investigation, nor did it consider all relevant information before making the decision to dismiss,” the ERA ruling stated.
Central to the ERA’s decision was the argument that TR Group’s policy, while prohibiting drink-driving, did not explicitly address the consequences of an offence committed outside of work hours and not involving a company vehicle during work duties. Te Whata’s lawyer, Peter Cullen, argued that the dismissal was overly harsh and did not take into account the specific circumstances of the case. “This case highlights the importance of employers having clear and well-defined policies, and ensuring that any disciplinary action is proportionate to the offence,” Cullen said in a statement following the ruling.
TR Group maintained that Te Whata’s actions brought the company into disrepute and posed a significant risk to their business. They argued that a zero-tolerance approach to drink-driving was necessary to protect their reputation and ensure the safety of the public. However, the ERA found that TR Group had not demonstrated sufficient evidence of reputational damage resulting from the incident.
The NZ$180,000 payout includes compensation for lost wages, humiliation, and distress. The ERA also ordered TR Group to pay NZ$15,000 in penalties. The decision has prompted discussion within the transport industry regarding the appropriate response to employee drink-driving offences, particularly those occurring outside of work hours.
A spokesperson for the New Zealand Trucking Association stated that while they support a strong stance against drink-driving, employers must also act fairly and reasonably when considering disciplinary action. “Each case needs to be assessed on its individual merits, taking into account the employee’s history, the circumstances of the offence, and the potential impact on the business,” the spokesperson said.
TR Group has indicated they are reviewing the ERA’s decision and considering their options, which may include an appeal. A company statement released earlier this week said they “respectfully disagree” with the ERA’s findings and believe their actions were justified. The company has not indicated a timeline for a decision on whether to appeal.
