Labour Court Database __________________________________________________________________________________ File Number: CD94141 Case Number: AD9449 Section / Act: S13(9) Parties: BUS EIREANN - and - SIPTU |
Appeal against Rights Commissioner's Recommendation No.CW371/93 concerning a claim for compensation for loss of earnings by a part-time school bus driver.
Recommendation:
On consideration of the written and verbal submissions made by the
parties in relation to the appeal the Court concludes that an
element of monetary compensation to the appellant is warranted in
the circumstances.
The Court accordingly upholds the appeal and decides that the
Company pay him a sum of #600 in settlement of the dispute.
Division: Mr Heffernan Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD94141 APPEAL DECISION NO. AD4994
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
BUS EIREANN
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal against Rights Commissioner's Recommendation No.
CW371/93 concerning a claim for compensation for loss of
earnings by a part-time school bus driver.
BACKGROUND:
2. 1. The Company operates the schools bus service on contract
from the Department of Education. It uses a combination
of own transport and contractors. The worker was
enployed as a part-time bus driver and did not work due
to illness from 6th June, 1992 to 28th May, 1993. The
worker claims that the Company delayed his return to
work by mislaying his final medical certificate. He had
been taken off the payroll.
2. Prior to the commencement of the new school year in
September, 1993, the worker underwent a driver refresher
course and was passed fit for work. The driver informed
the schools inspector that he was unavailable, due to
holidays, for the start of the new school year. Another
driver was selected to perform relief duties.
3. On his return from holidays the worker was advised that
he would be considered in the normal course for any
casual work which arose. The Union submitted a claim
for loss of earnings to the Rights Commissioners
Service. An investigation took place on 27th January,
1994, and the recommendation as follows was issued on
22nd February, 1994.
"I recommend that the Union and the worker accept that
no compensation is merited in this dispute".
The worker was named in the recommendation.
4. On 7th March, 1994, the Union appealed the
recommendation to the Labour Court under section 13(9)
of the Industrial Relations Act, 1969. The Labour Court
heard the appeal in Dundalk on 8th June, 1994.
UNION'S ARGUMENTS:
3. 1. The Union is seeking compensation for losses sustained
by the worker not returning to work immediately
following his illness (details supplied). The Union is
also seeking the restoration of the worker to full
employment as a part-time school bus driver.
2. The Company was negligent in ignoring or losing his
final medical certificate which was submitted in January
1993. The Company was also wrong in removing the worker
from the payroll without just cause. In addition, the
worker missed out on a full-time position due to the
Company's negligence (details supplied).
3. The worker has been unfairly treated by the Company's
failure to deal with his final certificate of illness
(details supplied). The worker's return to work was
frustrated by the negative actions of the Company and as
a result he is entitled to some reasonable compensation.
COMPANY'S ARGUMENTS:
4. 1. The Company is not prepared to consider compensation as
the claimant is aware of how the relief system operates
and the fact that the earnings are of a fortuitous
nature (details supplied). The worker has not been
treated any differently from any other part-time relief
driver.
2. The Company does not accept any responsibility for a
delay in the worker returning to active service. He was
seen by the Chief Medical Office (CMO) in the normal
course and underwent a driver refresher course. The
Company could not roster the worker until he had been
cleared by the CMO.
3. Since his return, the worker has refused work on several
occasions which would have enhanced his earnings. The
worker debarred himself from schools relief work in
September 1993, when he chose to go on holidays. At
this stage, the worker is fully rostered in the position
which he occupied prior to his illness.
DECISION:
On consideration of the written and verbal submissions made by the
parties in relation to the appeal the Court concludes that an
element of monetary compensation to the appellant is warranted in
the circumstances.
The Court accordingly upholds the appeal and decides that the
Company pay him a sum of #600 in settlement of the dispute.
~
Signed on behalf of the Labour Court
24th June, 1994 Kevin Heffernan
J.F./D.T. _______________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.