AN AIRCOACH driver whose boss claimed he caught him red-handed texting on a mobile phone while travelling along the MI motorway has failed in a claim for unfair dismissal.
Arunas Juodikis of Saddler’s Glade, Mulhuddart, denied he was driving one-handed and texting while carrying passengers on the motorway. He said he had his glasses case in his hand because a warning light had flashed on the dashboard. His mobile phone could look like a glasses case.
An Employment Appeals Tribunal was told the company has a zero tolerance policy on using mobile phones while driving and all drivers were informed of this.
Aircoach’s managing director told the tribunal he was in his car after leaving his office last July when he saw a coach waiting to come on to the roundabout at Dublin airport.
Mr Juodikis was driving with his left hand on the steering and his right hand resting in the middle of the steering wheel holding a mobile phone. He was texting with the phone. He followed the slow-moving coach down the motorway and drew alongside so he had a clear view of Mr Juodikis. He then sounded his car horn to attract his attention.
When Mr Juodikis saw him, he acknowledged him and put both hands on the wheel. He did not put on or take off his glasses while under his observation.
When he got home he phoned the depot and gave instructions that Mr Juodikis be suspended.
The tribunal was told there had been a previous incident involving Mr Juodikis using a mobile phone while reversing an empty coach.
The tribunal found the decision to fire Mr Juodikis “was arrived at fairly and was justifiable under the circumstances”.