Nelson bus driver unjustifiably dismissed

A Nelson bus driver, dismissed for taking photos of schoolchildren, has been awarded $8500 in compensation.

Last August, John Grant took a camera with him onto the school bus he drove for Hebbard Bus Services as he said he wanted to take a photo of himself with the bus. When the children on the bus became excited and asked if they could take photos, Grant allowed them to take pictures of themselves. Some children then told their parents and complaints were made to the bus company.

Grant was aware of Hebberd’s rule that drivers should not talk to children unless there "is a need for behavioural reasons''. He was suspended without pay but was not made aware of the details of the complaints at the time. He was later sent a letter outlining the reasons. In September, Grant was taken off suspension and returned to work for his usual morning bus run. When he returned that morning, Grant was given a copy of a letter from Riwaka School acting principal Megan Strong requesting him to be supervised or taken off the school bus run and was then dismissed.

ERA member Dzintra King ruled that Grant's suspension and the dismissal were not justifiable and had been ''procedurally flawed''. Grant was never given a chance to provide an explanation for the photography incident and Hebberd said he had not conducted an investigation as "the matter was clear".  King said ''I am satisfied that while Mr Grant's actions in taking the camera on to the bus and then allowing schoolchildren to use it were foolish, he did not act with any untoward of maleficent motivation.''

The Employment Relations Authority (ERA) ruled that John Grant was unjustifiably dismissed by Hebberd Bus Services and awarded him $8500 in compensation, $3080 in holiday pay, $309 as reimbursement for being unjustifiably suspended and $2618 for being unjustifiably dismissed from his job. King deducted 15 per cent of the remedies as ''Grant should have not interacted with the children''.