A driver who was sacked for failing to disclose traffic and criminal convictions has won a case against employer Fonterra before the Employment Relations Authority (ERA) – the dairy giant being ordered to pay out $18,000 in compensation.
The ERA says that despite the driver being warned in his application that a failure to disclose convictions could be grounds for dismissal.
Jason Richardson was a tanker driver for the firm in Taranaki from October 8 to November 26 last year.
In deciding the case, ERA member Paul Stapp says Fonterra offered unconditional employment, on his offer of employment. It had chosen to make the permanent offer of employment while awaiting the results of a check with the Ministry of Justice.
Richardson had indicated he did not have convictions at three stages of the process – believing he was covered by the clean slate law.
Richardson has eight convictions between 1997 and 2004, including driving with excess breath alcohol, driving while disqualified and theft as a servant. For those convictions Richardson had variously been fined, put on community service, disqualified and imprisoned.
The ERA decision restricted Richardson’s claim for lost wages to three months. Reasons included the fact Richardson only worked for Fonterra for a short time, and did not reasonably disclose and check the clean slate information earlier by properly finding out his responsibilities.
He would not have passed the first check if he had disclosed properly the information required, Stapp said.
The lost wages claim was restricted by a further 25% because of Richardson’s contribution and blameworthy conduct.
Based on a weekly pay rate of $1349, Fonterra was ordered to pay Richardson about $13,150 in lost wages, along with $5250 compensation for hurt and humiliation.
