Irish Rail signal man fired after failing drugs test loses unfair dismissal case

Irish Rail fired a signal man responsible daily for the safety of thousands of commuters and rail-users after he failed a drugs test when cannabis was found in his system.

In the case, Irish Rail requested the long-serving Central Traffic Control (CTC) signal man to undergo the drugs test over suspicions that he had missed CCTV footage on his morning shift showing that a member of the public had been inside the barriers at a level crossing as a train went by.

The rail firm dismissed the worker on February 13 this year after the employee's 14-year long career with the company.

Now, the man has failed in an unfair dismissal action against Irish Rail at the Workplace Relation Commission (WRC).

A spokeswoman for Irish Rail said today: “This individual did not adhere to the drugs and alcohol policy and his actions could have had extremely serious consequences.”

She stated: “We operate a zero tolerance approach to infringement of our drugs and alcohol policy.”

The spokeswoman added: “Iarnrod Éireann is satisfied with the outcome of this hearing. Safety is the company’s number one priority.

"Any action or behaviour that may impact on the safe running of the railway is approached with the gravity it deserves.”

Irish Rail told the WRC that the gravity of the situation left it with little option other than to dismiss the worker while the worker claimed that the punishment was not proportionate to the alleged wrongdoing.

During a typical work shift, the signal man could monitor up to ten or fifteen screens at a time to make sure that the intersection points between pedestrians and traffic and locomotive traffic is clear and is safe.

WRC Adjudication Officer, Penelope McGrath stated that “it is self-evident that the safety and welfare of thousands of commuters and train users are in the hands of such operatives”.

Ms McGrath made her comment when dismissing the man’s claim for unfair dismissal.

She stated: “A CTC Operative has to be on high alert, ready to react and vigilant in the job of overseeing.”

I cannot accept that the employer was not well within its rights to dismiss an employee that had presented to work and failed a drugs test.

On the incident in question, there was no accident and Ms McGrath stated that it seems the member of public went about his or her way and no explanation was given for their presence inside the barrier and only meters away from the moving train.

Ms McGrath stated that when approached by a superior on missing the footage, the CTC signaller stated that he knew nothing about it and was not even sure if he had been monitoring the screens at that exact time.

The CTC signalman was relieved of his duties pending an investigation and he was asked to take a “for cause” drugs and alcohol test which is a standard course of steps taken by the employer where an incident of this significance occurs.

The man’s urine test came back positive for cannabis.

Ms McGrath stated that the fact of having a positive test for either drugs or alcohol automatically renders an employee unfit for work.

She stated: “That is in the nature of how a zero-tolerance policy applies.”

In her findings, Ms McGrath stated: “I have some sympathy for the Complainant. I do not think that the Complainant had presented to work aware of the fact that there was cannabis in his system and there is some support for his argument that the drug can stay in the system for up to forty days.

She added: “However, so little is known about the longevity and other effects of this drug that the use of same in any circumstances where your job is so safety sensitive has to be considered bad judgement.”