Dart driver who stopped early sues to get job back
Refused to take urine test
A TRAIN driver lost his job after stopping short of a Dublin station platform in rush hour and then allegedly failing to comply with Irish Rail’s drugs and alcohol testing policy, a court has heard.
Paul Leblique was driving the 8.25am Dart service from Howth to Bray, which reached Tara Street at 9am on January 25, 2016, the High Court heard.
He stopped the train short of the station platform – an error that he corrected before continuing his journey southward, the court heard. Mr Leblique says he suffered a simple ‘lapse in concentration’.
When he reached Bray he filled out an ‘incident report’ before being told to wait for an agent from a testing company to arrive to take breath and urine samples from him.
Mr Leblique told his bosses that while he had no problem providing a breath sample, he would require a doctor to be present for the purpose of receiving a urine sample, the court heard. The Dubliner told his bosses that under the Railway Safety Act 2005, it was necessary that a medical practitioner receive the sample, the court heard.
Mr Leblique says that he offered to go straight to a GP for the purpose of providing a urine sample – but that this offer was refused.
Mr Leblique waited two hours for the testing company agent to arrive, the court heard. But when he was informed that the agent was a technician and not a doctor, he again objected to giving the sample. He again offered to attend a GP.
Mr Leblique was then breathalysed and the result was ‘completely free of any trace of alcohol or drugs’, Conor Bowman SC, for Mr Leblique, told the court. After a couple of days, Mr Leblique was told he had ‘breached the alcohol and drugs policy’ of Irish Rail and was called to a meeting, the court heard. He was suspended with pay pending the outcome of an internal inquiry.
He stood accused of stopping his train short of Tara Street platform and of refusing to provide a urine sample ‘without reasonable cause’, the court heard. At the conclusion of the internal investigation, Irish Rail decided both charges were proven and dismissed Mr Leblique from his job, the court heard.
Following an appeal within Irish Rail, Mr Leblique was instead demoted. In his High Court action, he says he was not under the influence of drugs or alcohol, and wants to return to the job of driver.
Irish Rail says it was an express and/or implied term of his contract of employment that he would comply with the company’s drugs and alcohol policy. It says there was no breach of Mr Leblique’s constitutional rights. The case continues.
‘Completely free of any trace’