Judge dismisses Dart driver's action against Irish Rail over return to duties

By Ann O'Loughlin

A Dart train driver has failed in a legal challenge in which he claimed Irish Rail refused to restore him to driving duties despite a court order.

Paul Leblique, Griffith Road, Finglas, Dublin, had been suspended following an incident in which a train he was driving stopped short of a platform.

He brought a High Court challenge a year ago which centred on his his refusal to provide a urine sample to a representative of a private testing company employed by Irish Rail to test him shortly after the incident.

As a result of that hearing, which was told rail safety law requires such a sample could only be taken by a doctor, Irish Rail accepted he had to be reinstated.

However, Irish Rail said that in accordance with the court order, he was required undergo a six-to-nine month period of non-driving duties before he can be put back in charge of a train.

The incident which gave rise to the original legal proceedings was over a train stopping short of its platform in Tara Street, Dublin, which meant certain carriages did not come up to meet the platform. It was the fourth such incident involving his driving over a three year period, the court heard.

He was initially dismissed but later demoted to non-driving duties and suffered a €10,000 pay cut.

After taking his legal challenge, when a judge ordered the stopping short incident be dealt with under the company driver development programme, he said he returned to work

Mr Leblique said his pay was restored and he underwent medical assessments, including a rigorous psychological assessment last August.

However, he said, despite the results of those assessments, Irish Rail was intent on not restoring him to driving duties.

His counsel, Conor Bowman, then went back to court seeking the committal to prison of two Irish rail managers, including its CEO, or alternatively that the company's assets be sequestered, over the alleged failure to comply with the April court order.

Irish Rail opposed the application and its counsel, Conleth Bradley, said it appeared Mr Leblique was frustrated at the speed at which the driving development process was taking but there was no basis for his assertion there was a breach of the court order. The company had engaged faithfully in the driver development plan, counsel said.

Today, Mr Justice Robert Eagar ruled the previous High Court order had been followed by the company and he dismissed Mr Leblique's application.

The court was conscious of an "absolute requirement" for the company to take appropriate steps to ensure the safety of passengers.

The judge also noted that the driver development system which Mr Leblique was in was "close to being concluded" when he brought his fresh application to the court.

He also said the occupational psychologist who examined him had not recommended he should immediately resume driving trains. The psychologist also said he should carry out a different role for six-to-nine months to give him an opportunity to build up trust with the company before returning to driving.