Thursday, November 20, 2014

Airport worker wrongly sacked for golf cart crash

A cargo handler who crashed a golf cart at Auckland Airport should not have been fired, the Employment Relations Authority has ruled.

Mohammed Sahim was dismissed by aviation company Menzies International shortly after the incident in July last year, which "smashed" the cart's front wheel and knocked over a 1.5 metre high pile of stacked pallets.

Sahim said the crash had been caused by him accidentally pushing down on the accelerator rather than the brake.

The incident was classed as minor and he was told by a colleague that "accidents do happen".

However, he failed to mention to investigators that he had been sitting on the passenger seat, a fact exposed by video footage from the shed where the crash occurred.

This prompted the company to fire him for "driving recklessly in a company vehicle".

But ERA member Eleanor Robinson said Sahim's actions were negligent rather than reckless, and that a fair and reasonable employer could not have made a decision to dismiss him.

Robinson awarded him $6330.16 in lost wages, $189.90 for KiwiSaver contributions and $6000 for hurt and humiliation, but then cut those awards by 90 percent due to Sahim's actions being "blameworthy". 


- Source: http://www.stuff.co.nz

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