An Auckland locomotive train driver who was dismissed for his refusal to drive electric trains has had his appeal turned down.
Auckland's rail network has been incorporating electric trains for the past few years. Photo: RNZ / Todd Niall
Richard Staunton lost his job after he complained about pay and safety issues, but the Employment Relations Authority (ERA) has ruled rail company Transdev did not unjustifiably dismiss him.
Transdev began moving drivers into electric trains from April 2014, shortly after Mr Staunton joined the company.
Drivers who formerly conducted the company's locomotive trains had to go through a process of theoretical training, completing a minimum of 10 supervised return trips to Britomart and a sign-off by an assessor.
Mr Staunton completed the training, receiving a sign-off by the assessor, but the Authority said he refused to sign the assessment form.
He argued drivers needed a pay rise to go alongside the increased training and skill level, and raised several health and safety issues.
Mr Staunton said the six-car electric trains lacked staff, fire extinguishers were not accessible and vision at platforms was limited.
The new trains also did not have an entertainment radio - unlike in the older locomotives - which Mr Staunton said alleviated fatigue.
But throughout a series of meetings with Transdev representatives, Mr Staunton maintained "additional pay for additional skills" was his primary concern.
He became a member of the Rail and Maritime Transport Union's Auckland branch and was involved in the bargaining team for the 2015 negotiations with Transdev.
But he did not receive enough support to make a claim for extra payment, and then tried to get a raise for himself, which also failed.
The Authority said Transdev "did not breach its duty of good faith to Mr Staunton," and his health and safety concerns were already being appropriately addressed by the company.
Costs awards were reserved for Transdev and Mr Staunton to resolve, but if they did not reach an agreement, the rail company could file a submission seeking costs in the next 28 days.