A bus driver who resigned after passengers complained of injuries caused by his alleged erratic driving and aggressive manner [routeone/Court Report/11 July] has applied to have his case heard again “in the interests of justice”.
However, Alec Earle’s application for reconsideration of his legal claim for constructive unfair dismissal against Arriva North London has failed.
Watford Employment Tribunal Judge Wyeth rejected his legal claim at the previous hearing after Arriva accused Mr Earle of being involved in several incidents where passengers had been injured.
Arriva, which opposed Mr Earl’s legal claim, accused him of driving in an erratic and aggressive manner which, they alleged, caused some passengers, both seated and standing, to been thrown to the floor.
Later, two more incidents were said to have occurred.
In one incident the previous Tribunal hearing was told that a man hit his head against an internal mirror which smashed on impact.
Mr Earle said the incident had been caused by an oversized internal mirror. But Arriva alleged that the accident had been caused by his “erratic driving”.
On another occasion the firm received several complaints about an elderly lady falling to the floor while standing shortly after alighting the bus.
The operator accused Mr Earle of failing to ensure that she was secure.
He denied he had done anything wrong and complained he had not been fully trained in dealing with accidents.
Judge Wyeth dismissed Mr Earle’s claim for constructive unfair dismissal after his complaint that he had been forced to resign because of Arriva’s alleged “unfair attitude” had not been well founded.
At the latest hearing, Mr Earle applied to have his case heard again “in the interests of justice” because he said passengers in standing positions faced risks. He accused Arriva of failing to provide a safe environment.
Judge Wyeth said, however, that no new evidence had been presented to persuade him to reconsider his previous decision.
As a result, he rejected Mr Earle’s application for reconsideration.
