Dart driver says he was demoted for refusing to give urine sample

A Dart driver has sued Iarnrod Éireann over its decision to demote him after he refused to provide a urine sample following a safety incident at Tara Street station in Dublin.

Paul Leblique, of Griffith Road, Finglas East, claims only a medical practioner can take a blood or urine sample, and the person designated to take the sample on the day in question was not a medical practitioner.

He was prepared to give a sample that day to the “correct” person.

Mr Leblique wants the High Court to make various orders and declarations including restoring him to his position as a train driver.

The case arises from an incident on the morning of January 25th, 2016, when the southbound Dart being driven by Mr Leblique stopped short at Tara Street. The last carriage did not come up to the platform at the station.

Spoken to by superior

Mr Leblique was spoken to by a superior who joined the train at Pearse Street station and continued on his journey to Bray Station.

At Bray, another superior, citing the company’s drug and alcohol policy, asked Mr Leblique to provide samples of breath and urine and fill out a report on the incident.

He had to wait in Bray for some hours for the arrival of a person from a company from Northern Ireland, engaged by Iarnród Éireann to collect such samples for testing. The breath sample was “totally clear”, the court heard.

Mr Leblique did not give a urine sample and claims, under the 2005 Rail Safety Act, only a medical practioner can take a blood or urine sample. The person from the NI company was not a medical practioner and asking such a person to collect samples was in breach of the 2005 Act, he claims.

Suspended

Arising out of the incident, Mr Leblique, driving trains since 2010, was suspended and the matter was investigated.

He was initially dismissed but, after an appeal, was reinstated but demoted. He no longer drives trains, with the effect his annual salary has been reduced by €10,000.

His proceedings are aimed at restoring him to the position of train driver. He is also claiming damages, including aggravated damages, for alleged breach of contract.

Iarnród Éireann, represented by Conleth Bradley SC and Stephen Dodd BL, denies the claims.

Critical to safety

Mr Bradley said there could be no doubt Mr Leblique was an employee with Iarnród Éireann who was critical to safety and who was involved in a “serious incident”. Mr Leblique’s contract expressly requires him to comply with the company’s drug and alcohol policy and with his duties under the 2005 Act, counsel said.

Mr Leblique strongly denied taking drugs or alcohol. He said he had offered to go to a GP at his own expense or to the company’s chief medical officer to provide a sample.

Under cross-examination, he accepted there would be consequences of not giving a urine sample but said he was never told he could be sacked or permanently demoted.

The hearing continues before Mr Justice Paul Gilligan.