:leared driver claims unfair dismissal
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lRTY-EIGHT hours after a uble-decker bus had plunged wn a 6ft embankment causg injuries to most of the 40 .ssengers on board, the iver, Harry McMillan, was smissed by Scottish Omniises Ltd. But when he later ced trial on a charge of reekss driving he was acquitted. This was said on July 23 in iinburgh when Mr McMillan, ' Birniehill Crescent, BathIte, West Lothian, appealed ) an industrial tribunal, claimig unfair dismissal and seekig compensation.
The accident occurred on ictober 19 last year as his ehicle approached a T-juncon on the Pumpherstonrphall Station Road at :ousland Road, Livingston. 'hirty-four passengers were aken to hospital and about 1,000 worth of damage was one to the bus. Two days ater Mr McMillan was dislissed when he reported for uty at Bathgate bus depot. Mr George Low, district raffle superintendent who dislissed him, told the tribunal hat he had gone to the scene f the accident but had not een any skid marks which he rould have expected if the river had suddenly applied he brakes and the wheels had locked. The bus, he said, was lodged between two trees.
Mr Low told the tribunal chairman, Mr Gavin Douglas, QC: "I told McMillan that I thought he had made a big mistake in judgment or that the bus was travelling too fast at the time, and I had no alternative but to dismiss him. I just couldn't see how this accident could happen unless there was very bad driving or the vehicle was being driven too fast. I had to consider whether McMillan was fit to continue as a driver in the interests of the public, and I did not think so."
Mr Archibald Ross, assistant traffic manager, said that instead of approaching the junction and turning right, the bus had gone straight on, down an embankment and into the trees. "It was a case of careless driving."
Mr Ross agreed, however, that Mr McMillan was later acquitted of careless driving charge. The hearing was adjourned until September.