Haute-Vienne: School bus driver's dismissal upheld after unauthorized stops to drop off children

The Limoges labor court upheld the dismissal for serious misconduct of Damien Tabard, a school bus driver from Haute-Vienne who dropped some children off directly at their homes to spare them a walk of several hundred meters on roads deemed dangerous. Despite his stated intention to protect the students, the court ruled that these practices violated the guidelines set by his employer.

The case dates back to 2022 when Europ Voyages, the newly appointed company responsible for the school transport contract, decided to strictly adhere to the routes and stops stipulated by regulations. The driver, with seventeen years of experience, nevertheless continued to make additional stops to bring some children closer to home, particularly during the winter months when journeys were made in the dark.

A defense based on student safety

During the hearing, Damien Tabard defended a "humane interpretation" of the rules, explaining that several children were forced to walk on roads without sidewalks or road markings. Several parents also testified in his favor, praising his dedication and concern for the safety of the children he transported daily.

However, the company accused him of deliberately ignoring instructions that had been repeatedly reiterated to him. According to Europ Voyages management, school transport routes must adhere to a precise framework defined contractually, and any unauthorized modification could potentially make the company liable in the event of an incident. The employer also stated that the driver had used insulting language toward his supervisor during a reprimand.

A decision that reignites the debate

In its ruling, the labor court found evidence of serious insubordination. The judges considered that the stops made outside the official route constituted a repeated violation of the employer's instructions, thus justifying the classification of gross misconduct. The support of the family and the motivations invoked by the employee were insufficient to overturn this legal assessment.

This case reignites the debate on balancing strict adherence to safety regulations in school transportation with consideration of realities on the ground. While some residents of Les Billanges believe the driver acted in the children's best interests, the court reiterated that employees remain obligated to follow procedures established by their employers. Damien Tabard indicated that he did not intend to appeal the decision.