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Barry Burnett who was sacked by South Eastern trains for failing a drugs test, has won his unfair dismissal case brought against the train operating company.
Damages of £2,300 where awarded to the 45 year old who had gone to a Rastafarian wake in July 2010 and ate cake and soup laced with cannabis resin!
Mr Burnett says he wasn't aware that the food contained the drug after attending a funeral of his friends father.
The train driver was drug tested at Victoria station, London and after testing positive, his manager asked Mr Burnett if he had taken drugs. Mr Burnett informed his manager that he hangs around with people who do and said he had taken drugs in the past. He claimed that he had been in a smoking environment shortly before the test.
A friend of Mr Burnett, Alison Thompson confirmed that "traditional delicacies" had been served at the wake which contained cannabis resin. Diners may not have realised there was cannabis in the cake and soup, because they where prepared with other flavorings, herbs and spices.
Bosses at South Eastern trains said they did not believe his "unconvincing excuse" and promptly dismissed Mr Burnett.
The employment tribunal ruled that a letter from Alison Thompson and the funeral's order of service backed Mr Burnett's explanation and found no "reasonable" employer could reject the driver's explanation out of hand.
The case will cost tens of thousands of pounds in legal costs in addition to the payout given to Mr Burnett.
South Eastern trains went on the record to say "we take the safety of our passengers and staff extremely seriously and for that reason we have an absolutely zero tolerance policy in place regarding drink and drugs.
The company insists it will not be changing its strict policy despite the ruling.
My comments:
This could well pave the way for future unfair dismissal cases when employees are sacked when tested positive for drugs!
I personally don't believe that people weren't made aware that the food was laced with cannabis.
That would be like feeding meat to a vegetarian without them knowing.
Surely this driver should have come clean with his employers or at least told them if he was aware at the time, or made aware afterwards that the food he had eaten was laced with wacky backy. The general feeling that you are stoned out of your head might have been an indication that you had eaten something you shouldn't have!
To me this guy knew he had eaten something dodgy, but tried getting away with it by not saying anything and hoping he wouldn't be tested by his employers.
In a passenger service role, whether it is driving a bus, train or taxi or flying a plane, drivers or pilots surely have a responsibility to make sure they are not exposed to illegal drugs, and hanging around with mates who "chase the dragon" is asking for trouble.
I might be wrong. One things for sure, anyone else can now point to this case and say "hey he was unfairly dismissed" and take their cases to similar tribunals.
Thanks and please subscribe to Weird, Wacky & Worldwide News.
Train Driver wins damages for wrongful sacking!
Barry Burnett who was sacked by South Eastern trains for failing a drugs test, has won his unfair dismissal case brought against the train operating company.
Damages of £2,300 where awarded to the 45 year old who had gone to a Rastafarian wake in July 2010 and ate cake and soup laced with cannabis resin!
Mr Burnett says he wasn't aware that the food contained the drug after attending a funeral of his friends father.
The train driver was drug tested at Victoria station, London and after testing positive, his manager asked Mr Burnett if he had taken drugs. Mr Burnett informed his manager that he hangs around with people who do and said he had taken drugs in the past. He claimed that he had been in a smoking environment shortly before the test.
A friend of Mr Burnett, Alison Thompson confirmed that "traditional delicacies" had been served at the wake which contained cannabis resin. Diners may not have realised there was cannabis in the cake and soup, because they where prepared with other flavorings, herbs and spices.
Bosses at South Eastern trains said they did not believe his "unconvincing excuse" and promptly dismissed Mr Burnett.
The employment tribunal ruled that a letter from Alison Thompson and the funeral's order of service backed Mr Burnett's explanation and found no "reasonable" employer could reject the driver's explanation out of hand.
The case will cost tens of thousands of pounds in legal costs in addition to the payout given to Mr Burnett.
South Eastern trains went on the record to say "we take the safety of our passengers and staff extremely seriously and for that reason we have an absolutely zero tolerance policy in place regarding drink and drugs.
The company insists it will not be changing its strict policy despite the ruling.
My comments:
This could well pave the way for future unfair dismissal cases when employees are sacked when tested positive for drugs!
I personally don't believe that people weren't made aware that the food was laced with cannabis.
That would be like feeding meat to a vegetarian without them knowing.
Surely this driver should have come clean with his employers or at least told them if he was aware at the time, or made aware afterwards that the food he had eaten was laced with wacky backy. The general feeling that you are stoned out of your head might have been an indication that you had eaten something you shouldn't have!
To me this guy knew he had eaten something dodgy, but tried getting away with it by not saying anything and hoping he wouldn't be tested by his employers.
In a passenger service role, whether it is driving a bus, train or taxi or flying a plane, drivers or pilots surely have a responsibility to make sure they are not exposed to illegal drugs, and hanging around with mates who "chase the dragon" is asking for trouble.
I might be wrong. One things for sure, anyone else can now point to this case and say "hey he was unfairly dismissed" and take their cases to similar tribunals.
