Bus company National Express Dundee has been ordered to pay one of its drivers more than £8,000 for unlawful deduction of wages.
An employment tribunal ruled against the firm in the action raised by John Giel, 61, of Auchterhouse.
The company was unhappy about him having a second job as a driving instructor as it felt there was a risk of non-compliance with drivers hours’ regulations and the EU Working Time Directive.
The company has a policy at national level against employees having second jobs, although there was a doubt about this applying to the Dundee operation and to Mr Giel in particular.
Mr Giel had also been the driver in what the company regarded as “five preventable accidents, and every one is for hitting stationary objects,” according to the tribunal judgment.
He challenged this and claimed there was a blind spot with the nearside mirror of Scania vehicles. He presented evidence of this assertion, which the company rejected.
He was given a final written warning on November 8 2011 over the accidents because of his “unsatisfactory conduct or performance”.
Mr Giel went off work through stress and then became subject to the company’s sickness counselling procedure aimed at helping him return to work.
He kept working as a driving instructor, which he said was a sideline, and told the company it was driving buses that caused him stress.
He stayed off, and on December 14 2011 he was advised his level of attendance was “below the standard required” and his attendance would be monitored for three months with there being a need for “immediate and sustained improvement”.
The situation escalated and after a disciplinary interview on January 12 2012 he was dismissed for gross misconduct for working as a driving instructor while signed off as unfit for work and claiming sick pay.
Though reinstated after an appeal, the company said they would not allow him to return unless he gave up his driving instruction business.
He challenged the condition contending Phil Smith, managing director of National Express Dundee, was attempting to incorporate a condition without consultation and agreement, and raised a grievance against the company.
He insisted he was still an employee and willing to return to work, but had not been allowed to do so by the company.
The dispute continued until September 2012 when he was allowed to return providing his driving instructor hours did not put him in breach of working time rules and regulations.
He was not paid for the period from March 8 to September 19 because the company thought his failure to come to work was his own doing.
Mr Giel claimed he was ready, willing and able to work as a bus driver and he should have received his wages.
The tribunal chaired by judge JD Young ruled Mr Giel was not in breach of his contract.
He did not need to comply with it and he was ready, willing and able to work within his contract.
There was an unlawful deduction from his wages, and his employer should pay him £8,009.28.
Mr Giel’s further claim that he suffered a detriment over the episode was rejected.
Mr Giel said last night he has since been dismissed by the company and he is taking legal advice.