Disciplining of train driver was correct

A train driver who twice failed to stop at the right place when he encountered a red stop light was correctly disciplined by …

A train driver who twice failed to stop at the right place when he encountered a red stop light was correctly disciplined by Iarnród Éireann, the Labour Court has found.

The driver, Mr Damien Milton, was warned that he could be removed from the driving grade or dismissed in the event of any future "serious incidents".

The warning followed a disciplinary hearing instituted by the company after he passed red stop lights while driving freight trains in August and October last year.

In the first incident he stopped the train within yards of the red light, while in October he passed the light by two feet, it is understood.

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His union, SIPTU, took a case on his behalf to the Labour Court, arguing that the disciplinary action taken by the company was extreme, and out of line with its own procedures.

Mr Milton had earlier appealed the findings of a disciplinary hearing conducted by a district manager.

This concluded with the warning that he could be dismissed or removed as a driver in the event of a serious incident in future.

The appeal was heard by a passenger services manager. He reduced the sanction imposed in relation to the August incident, but upheld the warning issued to Mr Milton in respect of the October episode.

SIPTU told the court it had no difficulty with the warning given to the driver, but it did have a problem with other decisions attached to it.

The company had, in fact, issued two decisions in one, threatening Mr Milton with both dismissal and removal from the driving grade.

The outcome, claimed the union, meant the driver could face one of these sanctions in the future if even a minor issue arose.

Iarnród Éireann argued that its procedures were fair and just, and said the driver had been dealt with in accordance with those procedures.

The court, chaired by deputy chairman Mr Finbarr Flood, said having considered the oral and written submissions made by the two parties, it was satisfied that agreed procedures had been followed.

"The court finds that the disciplinary decisions taken are not unreasonable or unfair taking into account all aspects of this case, and therefore they should stand."

SIPTU had agreed in advance to be bound by the court's recommendation.

An Iarnród Éireann spokesman said the company was pleased that the court had upheld its position.

Chris Dooley

Chris Dooley

Chris Dooley is Foreign Editor of The Irish Times