Court Affirms Lorry Driver S Dismissal For Using Phone While Driving

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The Industrial Court said Air Products Malaysia Sdn Bhd was entitled to dismiss its lorry driver after issuing him a serious warning for two previous uses of his mobile phone while driving a hazardous truck. (Facebook pic)
PETALING JAYA: The Penang Industrial Court has upheld a transport company’s decision to dismiss a driver after he was caught using his mobile phone on three separate occasions while operating a liquid bulk tanker.
Court chairman Jeyaseelen Anthony rejected the driver’s explanation that he was calling his home-alone pregnant wife and merely singing Tamil songs while driving, saying the vehicle’s CCTV footage showed otherwise.
Anthony said Air Products Malaysia Sdn Bhd had issued serious warnings to the driver on two occasions. The second contained an ultimatum that the driver’s services will be terminated if he was caught a third time.
At the time, the driver admitted using his phone and said he understood the consequences, the court noted.
Anthony said the company’s safety handbook for drivers strictly bars them from using their mobile phones or smoking while driving the bulk liquid lorry.
He said the tanker, which carried hazardous nitrogen gas could explode and pollute the environment if it leaks or flows out from the vehicle in the event of an accident.
“The claimant’s misconduct was very serious in nature as his job as a driver involved transporting hazardous substances, and any road accident due to the carelessness of the driver in such a situation may have devastating consequences to himself, other road users and the environment.
“Hence, the punishment of dismissal is justified as the company cannot be expected to repose the necessary trust and confidence on the claimant (driver) to discharge his duties effectively and in a trustworthy manner,” he said in an award handed down on Feb 18.
Anthony said besides the two warning letters, the claimant was also counselled on two occasions after he was found guilty of two repetitive misconducts committed in 2021. He was sacked the following year for a third offence.
The court noted that the driver’s use of his phone on the third occasion was not to call his wife, as claimed. Anthony said that in cases of emergency, the driver would usually stop the vehicle at a safe place to make a call.
“Under cross-examination the claimant agreed that he was aware of the company’s policy on this matter and hence I find that his defence is a non-starter and is therefore without any merit,” he said.
Anthony said the company had duly conducted a domestic inquiry before effecting the dismissal.
He said there was no mala fide on the part of the company in the dismissal, which was made with just cause or excuse.
Vijayan Veeriah from the Malaysian Trades Union Congress appeared for the claimant, while Bong Lep Siong and Joycelyn Teoh represented the company. - FMT

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