Veteran trade unionist Caswell Franklyn and president of the Public Service Vehicle Workers Association, David Douglin, have slammed the disciplinary system at the Transport Authority, branding it a “kangaroo court” that denies public service vehicle (PSV) operators basic due process.
The condemnation came during an emergency Zoom meeting last Sunday, hosted by the new association, where operators and owners aired grievances about how they were being monitored and regulated.
Operators complained they were being summoned via telephone to the Transport Authority’s Roebuck Street offices, and suddenly shown videos or photographs of alleged infractions and immediately informed of their suspension, without the opportunity to secure representation.
“This is like Z a kangaroo court,” Douglin charged.
“Obviously, that is not fair, because you did not give that man a chance to seek counsel or a representative. You did not give him time. As a matter of fact, you did not even give him the right to a fair hearing. When he gets to that meeting, and you spring all these things on him and ask, ‘Was this you? Okay, I suspend you’, that is not following due process at all,” he said.
Douglin highlighted a case where a driver was shown a video of an infraction and suspended on the spot. The driver, knowing it was not him in the footage, appealed the decision. However, Douglin noted that the driver only received his registered mail regarding the appeal after the meeting had already taken place.
“In some cases, they are sending unregistered mail, so by the time the post office gets the mail to you, the appeal case is already in session and you were missing. You cannot give a very short date for the appeal when you know you are sending it via mail,” he reasoned.
Franklyn interjected that summoning a man to a hearing by telephone was improper and seemingly sets up operators to fail.
“You can’t get the opportunity to put a case when somebody just presents the evidence to you when you get there. If that was a disciplinary hearing in my area, it would have been a case of unfair dismissal, because you must give the person the evidence against them before they get to the meeting,” Franklyn contended.
Illegal suspensions
He also accused the Transport Authority of “boasting” about suspending 82 people without revealing that those individuals were denied a fair hearing.
Franklyn advised operators to refuse to participate in hearings without a union representative.
“Do not go back to those hearings without a representative. If they ask who your representative is, tell them me, if you are one of my people.”
Douglin agreed with Franklyn’s assessment, stating: “In my opinion, the 82 suspensions would have been 82 illegal suspensions, because according to natural justice and due process, it wasn’t followed.”
The trade unionist also questioned whether the authority had the legal jurisdiction to suspend drivers’ licences, stating that he needed to verify the legal precedent but criminal offences must be adjudicated by a magistrate.
He warned that operators could potentially sue the authority for lost wages if their licences were suspended wrongfully.
Franklyn stressed that even in cases where operators were in the wrong, they were still entitled to a proper hearing.
While he acknowledged that some PSV operators engaged in poor behaviour on the roads, Franklyn maintained that the law must still be followed.
“Some of you do foolishness, but everybody gets painted with the same brush. If a fella shoots somebody in the middle of the road and everybody sees it, you still got to carry him to court and try him. So, if you stop other than at a bus stop, yes, it’s an offence, but a murderer gets his day in court. You should get your day in court too.”
Douglin concluded the meeting by stressing the urgent need for unionisation.
“This is one of the reasons why we decided to take charge of the PSV Workers Association, to bring these guys into the know. We are moving to unionise these operators so they can have the adequate representation they need going forward.”
When contacted for a response to the claims, Director of the Transport Authority, Ruth Holder, stated: “They need to refer to the Transport Authority regulations.” (MB)