An Auckland bus driver – who attracted numerous complaints of inappropriate touching and locked a 14-year-old up while getting food – has failed in an attempt to get his job back.
Long-serving driver Mike Moore was sacked by Ritchies Bus Holdings in February 2025 for "serious misconduct". He worked as a bus driver for more than 20 years and was with Ritchies since July 2020.
An Employment Relations Authority decision revealed Moore faced numerous disciplinary complaints for inappropriate behaviour towards female passengers and safety incidents – and was already on a final warning when he was dismissed.
However, Moore claimed the sacking was "substantively unjustified" and took his claim to the Employment Relations Authority.
During one incident in December 2024, Moore arrived at the final stop of his run but failed to check whether all passengers had disembarked. He got off and locked the bus, leaving a 14-year-old girl stuck inside. He also parked the bus on broken yellow lines, partially blocking a driveway.
The girl's mother called the police to help her trapped daughter.
Returning 10 minutes later with food, Moore only realised he'd locked a passenger in the vehicle when he drove to his next stop.
A review of CCTV from the incident also caught the driver using his phone behind the wheel, continuing through a stop sign and parking illegally.
Grabbed passenger's hand, asked for her home address
Moore claimed he urgently needed to use the toilet, but the authority noted he purchased food and there were parking options closer to toilets.
Later in the month, a female passenger reported Moore had repeatedly tried to touch her inappropriately across multiple days, including instances where he grabbed her hand and asked for her home address.
CCTV footage confirmed the touching and also showed him appearing to refuse or allow the passenger to tag on.
The passenger said she "was so fearful" of Moore she changed her bus route. She also asked to have her identity kept from the driver because she did "not know what he's capable of".
Regarding one of the incidents, Moore said it was "very clear now that interaction with passenger of the nature which has led to this present complaint, simply cannot happen again".
He was "very sorry" that it occurred despite prior assurance following previous incidents.
Responding to the allegation he asked the passenger for her address, it was submitted on Moore's behalf that "he was possibly offering a closer stop to assist the passenger, so had asked specifically where she lives".
Sixteen instances of 'concerning behaviour'
Ritchies had dealt with no less than 16 instances of "concerning behaviour" involving Moore between July 2022 and January 2025.
These included four instances of inappropriate touching of female passengers.
During one September 2022 incident, Moore kissed a young passenger's hand and told her he would phone her during the holidays. During another, a year later, he pulled a passenger by the arm and told her she did not have to pay a fare.
Moore characterised the behaviour as "being friendly", but accepted he should not be touching passengers and assured his employer it wouldn't happen again.
His record also included five driving-related safety incidents, including one in May 2024 when he accelerated before an elderly passenger sat down, causing her to fall, hit her head, and cut her leg.
In August 2024, an elderly couple hit their heads on the seats in front of them when Moore "roughly" braked the bus.
Moore's final written warning was issued in September 2024 after he drove the wrong way down a road towards opposing traffic.
Sacking was justified
Moore argued his behaviour did not amount to serious misconduct and his dismissal was "not within the range of responses that was available to a fair and reasonable employer".
He sought reinstatement to his former role and financial remedies.
Meanwhile, Ritchies argued Moore's dismissal was "procedurally and substantively justified".
It said he was on a final warning and became involved in multiple new instances of misconduct after it was issued and still in effect.
Authority member Rachel Larmer ultimately sided with Ritchies, finding each of the December 2024 incidents amounted to serious misconduct. It also agreed the company had followed a fair process.
"Its decision to dismiss him was within the range of disciplinary sanctions that were available to a fair and reasonable employer in all the circumstances," Lamer wrote.
Ritchies was entitled to seek costs with a starting point set at $4500.
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