In April 2021, the subdistrict court ruled that a tram driver who caused an accident while under the influence of drugs had acted in a seriously culpable manner. The fact that he only used drugs in his own time does not change this conclusion. The employee is therefore not entitled to the transition payment.
Facts
The employee had worked for the employer as a tram driver since 1996. The employer has a code of conduct prohibiting drug use before or during working hours, and applies a zero-tolerance policy to this, which was distributed to all employees in 2015.
On 21 September 2020, the employee caused an accident, striking a cyclist who had to be taken away by ambulance. He subsequently tested positive for THC. It emerged he had used drugs the night before. The employer’s Tram Incident Committee investigated the accident and concluded there was a causal link between his conduct and the accident.
Ruling
A tram driver is expected to comply with internal rules, since as a safety-critical worker he directly affects transport safety.
The employee knew, or should have known, how to conduct himself, including in his own time. His conduct breached the employer’s code of conduct, and thereby endangered the safety of passengers and other road users. Moreover, he caused an accident resulting in damage. The subdistrict court held that this amounted to seriously culpable conduct. The employee is not entitled to the transition payment.
For the full ruling, click here (in Dutch).
Questions about the above? Please contact one of Sørensen Advocaten’s employment lawyers. Call: +31 (0)10-2492444
