Dublin Bus has dismissed 16 drivers for breaching the company’s ‘zero tolerance’ mobile phone policy.
According to Dublin Bus, the 16 drivers have been dismissed at the first instance in a company disciplinary process for breaching the company's mobile phone policy.
However, 10 of those were successful at having their dismissal at the appeal stage overturned as, according to Dublin Bus, each case is dealt with on his own facts.
The company disclosed the number of first instance dismissals when successfully defending an unfair dismissal action taken by ex-Dublin Bus driver, Okan Karpuz at the Workplace Relations Commission (WRC).
Mr Karpuz was dismissed in December 2019 after two alleged breaches of Dublin Bus mobile phone policy.
Phone at traffic lights
On October 30th 2019, Mr Karpuz was observed by a bus inspector taking his mobile phone out and looking at it at traffic lights.
This was after Mr Karpuz had texted his daughter at the Ashtown terminal to see if everything was okay as she was at home minding her brother.
Both are minors and initially she did not respond and sometime later when Mr Karpuz was on his route, his phone beeped and it was at the traffic lights when he took the phone out and looked at it.
Three weeks later on November 21st Mr Karpuz’s son was ill and he missed a call from his wife and there was a voice message on the phone.
When sitting at traffic lights he used the phone to listen to the message. As soon as the lights went green, Mr Karpuz put the phone away and he was observed by an inspector whilst using the phone.
Zero tolerance
At hearing, the head of HR and Development at Dublin Bus, Alan Grant said that the company operates a zero tolerance policy to the use of mobile phones whilst driving and is deemed gross misconduct where the sanction can be anything up to and including dismissal.
In her findings, WRC Adjudicator, Niamh O’Carroll found Mr Karpuz did not contest the fact that he was caught using his mobile phone whilst driving the bus.
Mr Karpuz did take issue with the fairness of the process that led to his dismissal.
However, Ms O’Carroll stated that having carefully assessed both Dublin Bus’s evidence and Mr Karpuz’s evidence, she could find no breach of procedure that could render the dismissal unfair.
Ms O’Carroll stated that Mr Karpuz was given all of the necessary documentation relied on by Dublin Bus and was given an opportunity to voice his defence and the opportunity to appeal the decision, not once but twice.
Ms O'Carroll found that in all of the circumstances she found the complaint is not well-founded and accordingly fails.
