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WRC awards bus driver €3,500 after finding dismissal unfair

By Eimear Byrne

Workplace Relations Commission ·

The WRC found that a bus driver was unfairly dismissed and awarded him €3,500. The decision was dated 10 April 2018. The transport company said independent assessors reported serious driving breaches, including making a personal phone call, leaving the bus with passengers aboard and unsafe driving. The driver denied the allegations and said he was denied a fair chance to challenge the assessors’ evidence in person. The adjudication officer found the assessors were critical witnesses and that the driver should have been able to confront them at the disciplinary hearing. The company’s argument for keeping an assessor anonymous was without merit. The officer concluded that this procedural defect made the dismissal unfair. The driver found other work in March 2017, and the officer found he had made a very significant contribution to the circumstances leading to dismissal, adjusting compensation accordingly. The WRC upheld the complaint and awarded the driver €3,500.

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