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Tribunal rejects Luas crash driver's unfair dismissal claim
Martin Frawley



A LUAS tram driver who failed to use his brakes and crashed into an articulated lorry on Dublin's Naas Road has had his claim for unfair dismissal rejected by the Employment Appeals Tribunal.

Gerald O'Toole of Newbridge, Co Kildare, told the tribunal that he had used the maximum brake, including the emergency brake, in an effort to avoid a lorry which had veered into his path. He said he was travelling at around 30km/h and saw the lorry ahead of him. It was wet at the time and, while he "did his best" to stop, the tram slid into the lorry.

Though the tram did not derail, the front and sides were damaged and it had to be taken out of service.

But a representative from Connex . . . the company which operates Luas . . . said that the evidence from the tram's tachometer, which records every action, showed that the driver had not used the brakes or the horn.

"The procedures to be followed in such situations are if you can't get by the truck, you have to stop, " he said.

Speaking on O'Toole's behalf, the shop steward of the Independent Workers Union (IWU), who is also a Luas driver, said that the tram "slides in certain conditions such as hazy rain, if grass is being cut near the line or if there were leaves on the line".

He said he would only use the emergency brake as a last resort and that would be the general feeling among the drivers.

However, the tribunal ruled that O'Toole "did not operate the safety procedures and this amounted to gross misconduct".




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