[2010] NZEmpC 12 NZ Tramways & Public Passengers Transport Employees' Union Inc v Wellington City Transport Limited [pdf, 48 KB]
...the absence of a conviction for a serious offence. [6] The Employment Relations Authority’s determination was issued on 11 August 2009. The Authority concluded that the reimbursement provision had to relate to “a prosecution for a driving-related offence. Indecent assault is not a driving offence.” The Authority dismissed the union’s case based on the collective agreement. Turning to an alternative submission that, at common law, the employer as principal was bound to in...