Assignment task: Amer was hired as a transit operator on May 2008. He completed the orientation and training program provided to new hires, including reviewing the Rules of Calgary Transit. He has a clear discipline record with the exception of a 5 day suspension on December 13, 2017 for a violent interaction with a passenger. In December 28, 2018 the City received a 311 complaint from a patron that Amer was eating food from a bowl while driving.
The Supervisor reviewed the onboard video. The video revealed Amer was eating rice from a bowl held in his left hand resting on top of the wheel with a fork or spoon in his right. Amer was eating while the bus was stopped but also while moving. Amer also admitted that in the video he briefly removed both hands from the wheel of the bus while in motion. He apologized for this oversight. Drivers are encouraged to eat on breaks. Amer was suspended with pay pending investigation.
The Union noted that the city permits drivers to use the bathrooms or eat when necessary even behind the wheel. The City has indicated that if an operator has a need to eat or take a washroom break, they should do that even if it means they are running behind, however there is a lot of pressure on the drivers to remain on schedule to avoid customer complaints. The day of the infraction Amer had taken a co-worker's shift which started at 5:11 am he woke up at 4:15 am but it was too early to eat. By 9:50 am he was feeling the effects of low blood sugar. His shoulders were stiff, his forearm was weak, and he was starting to feel dizzy. He was on a particularly busy route as it is the route for morning commuters to get to work. Amer was also diagnosed with Diabetes Mellitus Type 2 in 2012 but had not disclosed that to the City of Calgary.
What discipline would you impose, what might be mitigating factors?