Fired mechanic wins $10k compensation

ANNA TURNER
Last updated 07:45 15/11/2012

Relevant offers

National business

Parents with children at private schools investigated by IRD for unlawful tax rebates Economist predicts Brexit-like shift in attitudes towards housing Live: David Jones store opening ANZ Bank wins in Australian High Court bank fee case Hamish McIntosh fights to keep Ross Asset Management profits Marlborough's Lansdowne Park car park to be sealed Labour summit 'first step' to solving issues associated with growth of Marlborough wine industry Hundreds of state and council homes north of Wellington up for sale ECan 'could have been stricter' on water rule breakers, vows to change Sinclair Street name change fails to get council backing

A Christchurch mechanic has been awarded $10,000 in compensation after he was fired for failing to notice a fault that "could have caused a serious accident".

In an Employment Relations Authority (ERA) decision, member David Appleton ruled that Blackwell Motors unjustifiably dismissed Jenkin Liu in April last year.

Liu had been a mechanic for 30 years and specialised in servicing trucks. He had worked for Blackwells for more than 15 years and had never had any warnings.

In April last year, Liu inspected a Mack truck for a pre-certificate of fitness. He said the truck failed because the king pins needed to be repaired.

Liu did some minor work on the truck, but was not able to replace the pins because the truck was given back to the owner before the new parts arrived.

Three days later, the truck was taken back to the company because part of the wheel bearing had disintegrated.

"This was regarded as a serious fault by the respondent which could have caused a serious accident," Appleton said.

Liu said he had spun the wheels of the truck to test them and did not find any problems.

However, his bosses felt he was lying about spinning the wheels as that would have detected such a serious fault.

After a meeting and several letters, Liu was fired.

Appleton found Blackwell Motors had not followed correct procedure in firing him.

"I believe it was not responsible for [Blackwell Motors] to rely solely on the wheel-spinning test and their belief that Mr Liu failed to conduct it in their decision to dismiss him," he said.

"I do not believe the respondent was reasonable in concluding that Mr Liu was simply lying when he said he had spun the wheel."

Liu was awarded $10,000 compensation and $35,120 in lost wages.

Ad Feedback

- The Press

Comments

Special offers

Featured Promotions

Sponsored Content