FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 29(1), SAFETY, HEALTH AND WELFARE AT WORK ACT, 2005 PARTIES : DUBLIN BUS - AND - DEREK MICHAEL ROTHWELL DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal against Rights Commissioner's Decision No: r-090088-hs-10/JC
BACKGROUND:
2. This case comes concerns an appeal by Derek Michael Rothwell (the Complainant), against Rights Commissioner Decision No:r-090088-hs-10/JC, in which he found that the Complainant was not penalised by the respondent Company Dublin Bus contrary to the provisions of the Act. The Respondent has employed the Complainant as a full-time bus driver since February 1990. The Complainant contends that he was threatened with suspension from work for refusing to drive a bus with a defective brake light and for refusing to drive a bus with brake lights that cut out after the brake pedal was depressed for 30 seconds.The respondent submitted that the complainant was never threatened with suspension from work nor suffered any detriment or penalisation within the meaning of the Act. The respondent submitted that the Complainant was taken down from driving duties, on full pay, whilst an investigation into an incident involving a challenge to an instruction from his supervisor took place. On one occasion he received an apology from the supervisor involved. The respondent further contends that on no occasion did the Complainant suffer any adverse treatment. He never lost pay, was suspended, demoted, reassigned or in any other way adversely affected, as a result of any of the incidents referred to.
On the 18th January 2011, the complainant submitted the appeal in accordance with Section 29(1) of the Safety Health and Welfare at Work Act 2005 Act. A Labour Court hearing took place on 25th May 2011.
The following is the Court's Determination:
DETERMINATION:
The Court is satisfied that the Complainant made representations concerning matters of health and safety to the Respondent Company.
The Court is also satisfied that these items were investigated in a proper manner. The Court is also satisfied that the complainant suffered no further detriment nor penalisation within the statutory meaning of those terms.
The Court, having considered all the submissions and evidence presented to it, rejects the appeal and upholds the Rights Commissioner’s Decision.
Signed on behalf of the Labour Court
Brendan Hayes
13th July 2011______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.