Train operator fired after running red light – twice

Serious misconduct occured twice in less than 3 years
|Canadian Employment Law Today|Last Updated: 04/02/2014

An arbitrator has upheld the dismissal of a commuter train operator who twice ran a red light while at the controls.

Derek Groulx was a qualified commuter train operator (QCTO) for Bombardier Transportation. In 2008, Bombardier won a contract to provide rail and maintenance services to GO Transit, a government-owned commuter transit service in southern Ontario. The company hired Groulx in February 2008, as he had previously worked for Canadian National Railway (CN), the holders of the GO contract previously.

In May 2009, Groulx was suspended for 60 days for a rule 439 violation, which involved a failure to bring his train to a controlled stop at a red light signal. Groulx had run through the signal because he was focused on contacting the central hub regarding a person who was close to the tracks.