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Beñat Arnaiz
San Sebastián
Wednesday, 15 January 2025, 15:32
The High Court of Justice of the Basque Country (TSJPV) in the north of Spain has upheld the dismissal of a bus driver who ran out of fuel at the start of a passenger transport service on 3 December 2023, despite being warned to refuel and noticing that the fuel gauge was on reserve. The TSJPV has confirmed a ruling by a San Sebastían's court, which rejected the lawsuit brought against the Gipuzkoa bus company by the driver himself. The company's defence that he was dismissed for committing a very serious offence, as set out in the agreement for passenger transport in Gipuzkoa, was supported by the court.
The driver was due to complete a route between Zumaia and Elgoibar. The day before, he had been warned that the company's fuel supplier was not working and that he had to fill up at another petrol station. Apart from ignoring his employer's warning, he also neglected the lack of fuel in the vehicle at the start of the day, as shown on the gauge.
The driver proceeded to drive some 15.5 kilometres, but the bus stopped somewhere between Zumbaia and Deba due to lack of fuel. The journey was interrupted and the company had to "hire two other vehicles" to be able to carry out the passenger service, as well as pay for a taxi, so that the driver could go and get fuel. In addition to these expenses, the company also had to pay for the subsequent fuel tank purge that had to be carried out when the vehicle's engine did not start after refuelling, as stated in the court resolution.
On 9 December, six days later, the worker, who had started working for the transport company on 29 May of the same year, received a letter informing him of his dismissal for disciplinary reasons. He was charged with a "very serious" offence, which is outlined in the collective agreement for road passenger transport in Gipuzkoa as follows: "Imprudence or negligence affecting the safety or regularity of the service attributable to the person, as well as failure to comply with the applicable provisions when this endangers the safety of the company, user personnel or third parties."
The worker then appealed, considering that the dismissal decision was "excessive". However, in the final ruling, the TSJPV stated that "we appreciate that in effect the judicial version of the facts fits in with the very serious misconduct foreseen in the applicable collective agreement and that the sanction imposed cannot be considered disproportionate."
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