Unfair Dismissal Bus Driver Positive for Drugs
The High Court of Justice of the Balearic Islands has declared inadmissible the dismissal of a bus driver who tested positive for cannabis in the drug test after an accident in which a motorist died. The ruling of March 22, 2019, concludes the simple fact of giving positive test not driving under the effects of cannabis, "unlike what happens with alcohol.
In fact, the facts proven in the sentence show that the day before the serious accident the driver was free. "Such a fact is not prohibited by the arbitral award for companies transporting passengers by road," explains the ruling.
"The consumption of this substance causes alterations in the short and long term," acknowledges the TSJ. However, it explains that the presence of the substance can be detected in the analysis for ten days, while its effects last about 14 hours. "The simple positive result seems to us insufficient to prove that it was under the effects of this drug", concludes the sentence.
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In fact, the facts proven in the sentence show that the day before the serious accident the driver was free. "Such a fact is not prohibited by the arbitral award for companies transporting passengers by road," explains the ruling.
"The consumption of this substance causes alterations in the short and long term," acknowledges the TSJ. However, it explains that the presence of the substance can be detected in the analysis for ten days, while its effects last about 14 hours. "The simple positive result seems to us insufficient to prove that it was under the effects of this drug", concludes the sentence.
Contact us, and our labor lawyers will study your specific case.