Bus driver who left route to use toilet at home paid out over $22,000 in employment dispute

Friday, 5 June 2026

A bus driver who did not make the final stops on her urban route, to instead use her own toilet at home, has been awarded more than $22,000 following an employment dispute.

Shifts suddenly stopped being allocated to the driver after a disciplinary investigation into the detour was launched by bus company Ritchies Transport Holdings Limited.

Ritchies had believed she was a casual employee and so could stop offering shifts, but in a decision out Friday, the Employment Relations Authority ruled the driver was a permanent employee.

The Authority ruled she had been unjustifiably dismissed because her extensive, consistent hours over a 15-month period meant her employment had evolved from a casual contract into a permanent role.

Ritchies failed to follow any formal dismissal process when it ceased offering her work, the ERA found.

Authority member William Fussey ordered the transport company to pay the driver $10,000 in compensation for distress and loss of dignity, alongside $12,870 in gross lost wages.

The dispute arose after an incident where the Dunedin driver was operating an urban route as determined by the Otago Regional Council.

Instead of finishing at the scheduled terminus, she bypassed the final two stops and drove the empty bus to her home to use the bathroom.

The driver argued to the ERA that the toilet facilities at the terminus were inadequate, and considered the central depot's facilities to be “filthy”.

She specifically objected to the depot's foam soap, which she said failed to remove diesel from her hands, and preferred her own liquid soap at home. She also used the unauthorised detour home to check on her pets.

Ritchies management issued a first written warning following the incident, citing concerns that she had failed to complete a contracted public service, and used a company vehicle for personal reasons.

The Authority found the company's decision to issue the written warning was entirely reasonable, noting the driver should have understood that using the bus for personal errands constituted a misuse of company property.

However, shortly after the disciplinary meeting, scheduled shifts disappeared from her driver app, and she was not rostered for work again.

While Ritchies pointed to technical issues with the roster application, the Authority inferred from the timing that the cessation of shifts was deliberate and amounted to an unjustified procedural dismissal.

“Although Ritchies provided an innocuous explanation, given the contemporaneous events around the disciplinary process I find that the events were connected,” the ERA decision said.