Accident-prone driver loses case
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"al 6 6 • A driver sacked by Autobar after having seven accidents in 13 months, has lost a claim for unfair dismissal brought against the company before a Hull Industrial Tribunal.
Mark Mendoza had been employed at the company's Hull branch. He was sacked last February after an accident in Newcastle upon Tyne which resulted in both he and the company being prosecuted for a defective tyre.
The Tribunal was told that the company had concluded that Mendoza was incapable of doing his job as a driver without unacceptable risk to himself and other road users.
There was also a commercial risk to the company. It was becoming costly and there was the possibility that the conviction might endanger the company's Operator's Licence. They had considered finding alternative work for Mendoza, but none was available due to the current adverse trading conditions.
Rejecting Mendoza's claim, the Tribunal said that it was unable to say that the decision to dismiss fell outside the range of reasonable responses which were open to the company.