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Bus Driver Involved In Punch Up Wins Unfair Dismissal And His Job Back

Bus driver involved in punch up wins unfair dismissal and his job back

A bus driver involved in a punch up has won his unfair dismissal claim and his job back.

Christopher Thomas accused ACTION Buses of “victim blaming” when it fired him for serious misconduct.

Bus driver involved in punch up 

Thomas had just pulled out of a stop when the driver of a silver Hilux ute honked his horn and gave the finger.

In response, Thomas gave the finger back, which promoted the driver to pull up beside the bus saying words to the effect of:

“You fat c–t, I’ve got it on camera – you giving me the finger.  

“You guys think you own the road. 

“I’m going to report you and you’re going to lose your job.”

Thomas replied:

“I’m not interested in what you think.  If you want to make a complaint you need to call ACTION.”

The incident soon escalated, with video footage showing the driver of the ute stopping suddenly in front of the bus, forcing Thomas to brake to avoid a collision.

Thomas then gets off the bus and tries to take a photograph of the ute’s licence plate.

As he did so, the driver knocked his phone from his hands, sparking a fight during which Thomas suffered “significant injuries”.


WATCH THE INCIDENT HERE:

Assault

WITNESSES SOUGHT AFTER BUS DRIVER ASSAULTEDACT Policing is seeking witnesses after an ACTION bus driver was assaulted in Ngunnawal on Wednesday (11 May 2016).Around 3pm the driver of a silver Hilux Ute had stopped his vehicle in front of an ACTION bus, which was located at the bus stop on Galmarra Street in Ngunnawal.The driver of the silver Hilux Ute has then assaulted the bus driver before leaving the scene. As a result of the assault, the bus driver received medical treatment. The driver of the silver Hilux Ute will be summonsed to appear before the ACT Magistrates Court at a later date. Investigations are ongoing.Police are urging anyone who may have witnessed the incident and who has yet to speak to police to contact Crime Stoppers on 1800 333 000, or via act.crimestoppers.com.au. Please quote reference 5959481. Information can be provided anonymously. We remind people they should not report crime information via our Facebook and Twitter pages.

Posted by ACT Policing on Monday, 16 May 2016


Driver not ‘blameless’

Police charged the ute driver with assault, negligent driving and damaging property, and was subsequently convicted.

ACTION initially suspended Thomas and later sacked him following an internal investigation.

The investigation described Thomas as “not faultless in the incident and at no time did he attempt to de-escalate the situation.”

“It was inappropriate of Mr Thomas to retaliate in anger or rage when confronted by a member of the public.”

In response, Thomas argued that he acted in self defence, and had not been charged by police over the incident, unlike the ute driver.

He also submitted that while he could be criticised for “flipping the bird”, it did not constitute a valid reason for dismissal.

He described his employer’s reaction as “entirely disproportionate”.

Commission finds sacking disproportionate’

The Fair Work Commission agreed, with deputy president John Kovacic finding that while the incident “provided a valid reason for dismissal”, the sacking was “harsh” and a “disproportionate response”.

“There is no excuse for Mr Thomas’ conduct, his action in ‘flipping the bird’ to the other driver was particularly unnecessary and unprofessional.”

Mr Kovacic also pointed to Thomas’ unblemished employment record.

The Hilux driver confronts Thomas..


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