A $1.2-million lawsuit filed by a former school bus driver against the Eastern School District came before a judge in the Supreme Court of P.E.I. Thursday, but it's still unknown whether it will go to trial.
Ruth DeMone, the attorney representing the school district, moved to have the action dismissed due to a lack of court jurisdiction.
Gordon Cairns of Charlottetown was a bus driver for the Eastern School District for 21 years when his employment was terminated in November of 2005. He claims he was wrongfully accused of being mentally unstable and was then fired.
Since Cairns was covered under his union's collective agreement, DeMone argued Thursday the court lacks jurisdiction to hear the case at all.
Cairns' attorney, Barry Mason, countered and the judge took their arguments under advisement. He will likely decide sometime next week whether Cairns' lawsuit can proceed.
In April of 2006, The Guardian reported on an incident mentioned in Cairns' lawsuit in which he was suspended after refusing to drive an overcrowded school bus in March of 2005.
The district school buses are designed to carry 72 passengers, but are only meant to accommodate 48 of the bigger high school students.
With 62 high school students on board during this incident, Cairns said students were standing in the aisles and one student was so crowded in the back of the bus he had difficulty breathing. Despite the overcrowding, Cairns claims his supervisor ordered him to drive the bus. He refused and his employment was suspended. Eight months later, he was terminated.
Judge decides next week on former bus driver's lawsuit
- Published on August 22, 2008
- Published on June 15, 2010
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Teresa Wright
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Comments
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- good luck gordie
- - June 21, 2010 at 21:38:27
I know Gordie and he a very good guy, but i've said it before and will say it again. there is no one on this earth as crooked as the government and that is who he's up against. I just hope he has the money to hold out but i don't thin he does because i see one property up for mortgage sale and his house is for sale..
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- lack of court juisdiction
- - June 21, 2010 at 21:23:18
Ruth DeMone, the attorney representing the school district, moved to have the action dismissed due to a lack of court jurisdiction... What kind of defense is this?? Good luck Gordon on this case. You did what was asked and expected of you and I guarantee you if something would have happened with the overload they wanted you to take they would have hung you out to dry. Don't give up and I hope you take them to the cleaners. In this case they certainly deserve it!!
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- happy
- - June 21, 2010 at 21:13:30
sounds like it is time for the dept off transport to get off their fannies and look into this overcrowding situation, good for the driver for doing what was RIGHT
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- gov guy
- - June 21, 2010 at 21:10:08
Actually, when the IT workers had greivance issues ove their collective agreement being violated it was made quite clear that there was no legal recourse. There is an arbitration method in the contract, and basically the employer decides who settles the outcome. If there is an arbitrator, the employer chooses who the arbitrator is.
So, technically, the lawyer may be correct. He may not actually have a legal right to go to court as civil servants are not covered under the labour act but only under the terms of the collective agreement. The deck is stacked against him from the start, as the employer decided what a legal reason for dimissal is. -
- yeah right
- - June 21, 2010 at 21:07:26
hell probly only GET HOUse arrest!!!!!!
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- Parent
- - June 21, 2010 at 21:07:25
My children travelled with Gordie and we found him to be great with the kids and just an overall super bus driver. It has been a few years, but my kids say they still wish they had Gordie as their bus driver. I personally do not know Gordie, but from the reporting it sounds like he stood up for something that was wrong and is being penalized for it. I have heard lots of horror bus stories from both parents and bus drivers regarding the administration of the bus depot so I am glad someone like Gordie has the courage to speak out stand up for himself. I would like to see a full inquiry into the management to expose the danger and arrogance of the system. Someone (and probably more than one) needs to be held accountable for the mismanagement.
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- George P
- - June 21, 2010 at 20:49:59
Mentally unstable for refusing to place our children at risk, give me a break. The argument that because of an existing collective agreement and the grievance procedure there in eliminating the right of court action is reminiscent of the planked liability protection offered employers covered under the Workers Compensation Act. There isnt one Islander who doesnt remember being crammed into an over crowded bus for the trip to and from school. The school board must take responsibility for its actions against this man and the students forced to travel in over crowded busses, if it takes a lawsuits to change this dangerous situation than so be it. Let the lawsuit be heard and in it force change, because that is the only way bureaucrats take notice.
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- Nikki
- - June 21, 2010 at 20:49:22
Good for you Gordon! You hang in there and stick up for yourself and the precious cargo that you are solely repsonsible for!!! I, too, am a 21 yr. veteran school bus driver and we have the same overcrowding problems here north of Toronto. We drivers up here always call in to dispatch to report overcrowding and most often we are told to wait for another bus to arrive to take the overflow. We as drivers do have the right to refuse to drive solely on the precipt that it is a very dangerous and unsafe thing to do. God forbid that you are involved in an accident - who do you think the police, public and parents of the injured children will blame first? The public needs to realize what sort of responsibility is put upon the driver of a school vehicle. You should be thanking this bus driver for having the hind-sight to see a potentially dangerous situation. My thoughts are with you Gordon, I will be watching this space to see what transpires in your court case!! Hang in there, we're all behind you one hundred percent!!!
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- Rob
- - June 21, 2010 at 20:47:24
Well when is the last time government held anyone accountable for there actions,I think the message government is senting out to there work force with this type of action is for there employee's to stay quiet or you will be fired.
when it comes to safety issues it easy to say saftey comes first but with an action like this sure make a person wonder,if anyone at any job puts people in harms way they should not be employed with that company,I will be checking the bus this fail to make sure that it isn't over crouded and I sure hope the other bus driver's that are still employed makes sure that there busses are not exceeding the limit.
I do beleave that there is an OH&S law that employers need to take every step that is resonable and practical to protect there employee's as well as the general public and not put people in danger.
If this employee was only looking out for the safety of his passenger and was fired for it then there is a problem with his management and they should be responsable,money for safety should never be a factor,if they need extra busses then put extra busses on those routes.
Just a question!
has this issue ever been brought up before and what was the results of it or was nothing done and why.
I think if we look into this a little more we will find this is not a new issue and nobody ever fixed the problem in the past,if an employer know of a safety issue and does nothing about it and someone get hurt from it there can be criminal charges laid.
lets get to the bottom of it and find out if this is an old issue that has never been fix and ask the question why -
- RON
- - June 21, 2010 at 20:44:40
is it a fact that if you do a work refusal on pei because it is unsafe you get fired?
from a retired toronto transit bus driver
former Islander. -
- D
- - June 21, 2010 at 20:38:27
Is this the same school board that had students riding on unsafe, rusted-out busses?
Department of education officials get a pat on the back for pulling dangerous busses off the road. Concerned (and low-paid) driver gets canned for refusing to put same kids in danger on rusted-out, over-crowded jalopy.
Does anybody else see a problem here?
