The worker contended that safety breaches did not warrant summary dismissal without proper warnings, while the employer argued it had health and safety obligations that justified immediate termination.
The worker was employed as a full-time truck driver on 7 March 2024, earning $32 per hour for up to 55 hours of work per week.
The transport company employed more than 700 staff and managed 350 specialist vehicles, with company policy strictly prohibiting driver use of mobile phones while driving.
On 2 August 2024, two separate managers witnessed the worker using his mobile phone while driving. The fleet maintenance manager saw him using his phone while driving his Class 5 truck along a public road, while the fleet logistics manager saw him using his phone while driving around the depot.
Both managers spoke to the worker about the incidents, with the site manager warning him “not to do it again unless he was using a hands-free Bluetooth device.”
On 27 August 2024, the company received video footage from dashboard cameras showing the worker “propping his mobile phone up against the onboard camera on the dashboard of his truck and using it while he was driving on the motorway.”
The worker admitted his phone use and promised it would not happen again during earlier informal conversations.
On 30 August 2024, the site manager gave the worker a letter inviting him to a disciplinary meeting on 3...
Tribune News Editor [email protected] TWO Bahamians were indicted in separate US federal districts last week on charges linked to passport fraud and false claims of American citizenship, acc...