SchipholTaxi should not have banned one of its affiliated taxi drivers after a number of violations of the company’s regulations. This was determined by the preliminary relief judge in Amsterdam after summary proceedings that the driver had instituted.
The man had been away since the autumn 2018 as an independent driver affiliated with Taxi Centrale Schiphol (TCS). As part of that cooperation, he has concluded a transport agreement with this TTO, in which it has been agreed, among other things, that he will adhere to a number of rules of conduct. Non-compliance with these regulations is subject to sanctions, such as fines and suspensions. In the most extreme case, TCS can terminate the agreement.
That happened to the driver who initiated summary proceedings. TCS announced in March that it would end its collaboration with the man after several incidents in the period from 2019 to 2021 that were in violation of the TCS regulations. In the lawsuit, the driver demanded that the cooperation be resumed.
Insufficient ground for exclusion The judge ruled in favor of the man . The judge ruled that there was insufficient ground for a serious measure such as affiliation, based on the TCS escalation ladder as part of the regulations. This escalation ladder is based on increasingly severe measures after repeated violations. Because the violations only apply for one year, some of the violations committed by the taxi driver have now expired. Therefore, according to the judge, they can no longer be a reason for exclusion.
The judge did not comment on the content of the incidents. During the session, the driver had a completely different reading than TCS.
SchipholTaxi argued during the handling of the case that it was not easy to comply with the Connection Agreement with the man. A complicating factor is that SchipholTaxi has now canceled the agreements with all TCS drivers as of 10 May this year and has made new agreements with Schiphol and with new drivers. . It didn’t matter to the judge. TCS should not have excluded the driver and must make it possible for him to return to work, as long as the Connection Agreement is not legally terminated after all. TCS has to pay the court costs of the man.
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