Could I lose my job for speeding in a work vehicle?

By Hayley Boud

The Waikato Times recently published an article regarding Taupo council employees caught speeding in work vehicles. Click here to see the article.

I was asked by the Waikato Times, could GPS information be used to instantly dismiss an employee for speeding in a work vehicle? In summary, the answer is yes, GPS information could be used for an employment disciplinary process.

A 2014 case in the Employment Authority found that the employee’s speeding in excess of up to 25 km/hr over the speed limit may so deeply impair an employer’s trust and confidence that the speeding would amount to serious misconduct. The seriousness of the misconduct could result in the employee being dismissed. However, the employer would still need to follow a fair disciplinary procedure before dismissing the employee.

A fair procedure would include a thorough investigation. The employer would need to inform the employees of the allegation of speeding and that an investigation was being done and the possible outcomes if the allegation is upheld. The GPS system would need to be calibrated to check the accuracy of the information. The employees would need to be provided with all the relevant information (e.g. the GPS data, a copy of their employment agreement etc) and given an opportunity to respond to the allegation. The employer would need to make sure they have listened to the employees response and followed up on any further investigation.

If you have any employment related issues, feel free to contact Hayley Boud on 07 839 7632 or hayley@ghlaw.co.nz