AT THE HEART OF THE ROAD TRANSPORT INDUSTRY.

Call our Sales Team on 0208 912 2120

Speeding dismissal fair

21st February 1991
Page 19
Page 19, 21st February 1991 — Speeding dismissal fair
Close
Noticed an error?
If you've noticed an error in this article please click here to report it so we can fix it.

Which of the following most accurately describes the problem?

• Dukes Transport of Craigavon behaved reasonably in sacking a driver for speeding after he collided with a low bridge, a Northern Ireland industrial tribunal has ruled.

The tribunal heard that Nelson Young had been sacked after his lorry hit the bridge when it was being driven at 48mph (77km/h) in a 40mph (641un/h) limit. Young had been warned in writing about speeding in March 1988.

Young said he should not have been sacked as the company's disciplinary code did not recommend dismissal in such circumstances, and his conduct was not serious enough to warrant summary dismissal.

He said that he braked when he saw warning signs for the bridge. His truck jack-knifed into the path of some cars, and he had driven into the bridge to avoid hitting them. A badly loaded trailer was to blame, he alleged.

The tribunal said that if speeding were regarded as gross misconduct, the code should have said so. However, Dukes had pointed out to Young the consequences of speeding. Following a fatal accident it had written to all its drivers, stating that it would dismiss any employee who caused an accident. The tribunal said that although it sympathised with Young, his speed had been excessive, but not outrageous. However, he had been sacked because of the manner of his driving.

It had to be accepted by professional drivers that speeding was dangerous and employers, rather than the tribunal, had to decide levels of blame for dangerous behaviour.

Tags

People: Nelson Young

comments powered by Disqus