Complainant

Respondent

Anonymised Parties

Bus Driver

Transport Company

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00011091-001

02/05/2017

The Complainant is a Bus Driver with the Respondent operating City Tour Buses. He referred a dispute to the Workplace Relations Commission on 2^nd May 2017 in relation to the loss of a meal allowance of €17.50 on both 24^th and 25^th March 2017 and the loss of a rest day on 26^th March 2017 of €335.90.

SUMMARY OF COMPLAINANT’S POSITION.

The Complainant is employed as a Bus Driver operating the City Bus Tours. On 23^rd March 2017 workers of another Company were commencing an all-out strike following which the Respondent Company decided to move its Tour Buses from a specified location covered by this strike to another specified location. The Complainant stated that there was a difference of 12 kms between these two locations. The Complainant received a text message from the Respondent informing him he was to report for work on 24^th and 25^th March 2017 at another location and he was also informed to bring his Tour Bus to this new location at the end of his shift on 23^rd March 2017. The Complainant declined to move and he was informed he was removing himself from the roster for not complying with this instruction. Tour Drivers are entitled to payment of a daily allowance of €17.50 and tour drivers are also guaranteed work on their days off and he was at a loss of €335.90 for 26^th March 2017. The Complainant was on annual leave over April and May 2017.

The Complainant and his Trade Union lodged complaints with the HR Department without success. There was an exchange of correspondence and emails between the Parties but the issue was not resolved. The Complainant and his Trade Union allege that the Complainant was being victimised by the Respondent as he had refused to add 24kms to his travelling time to work each day of the strike.

SUMMARY OF RESPONDENT’S POSITION.

The Complainant is a Bus Driver based at a specified Depot in South Dublin and he is also part of the Dublin Bus Tour Panel of drivers. The Complainant works a 7hr.38min day over 5 days a week and has the option of working overtime as long as it complies with the provisions of the Organisation of Working Time Act, 1997 – 2015. The Bus Tour Panel is a group of drivers who apply to go onto the Panel and they operate the Tour Buses as required. This is a voluntary panel and a driver can withdraw from this panel at any time. However they are expected to operate the dates and times they are rostered to work and if they refuse a roster they must engage with the commercial manager before being rostered again on the Tour Bus. There is a panel of 64 drivers, including the Complainant and they operate some 23 tour a day.

A dispute with another named Company was due to commence on 24^th March 2017 and on 23^rd March 2017 all tour operators were advised by text message to pull their tour bus in and out of another named depot. On 23^rd March 2017 the Complainant advised his Inspector that he would not be working the tour bus on either 24^th or 25^th March 2017 or 26^th March or he was not prepared to change his depot and as such he was making himself unavailable to work the tour bus and therefor was not entitled to payment of a meal allowance or payment for a rest day on 26^th March 2017.

The Complainant is now back on Bus Tour Duties since July 2017 following a meeting as advised to him with the Commercial Manager.

Findings and Conclusions.

On the basis of the evidence and written submissions from both Parties I find that the Respondent Company operates some 23 Bus Tours a day. The Complainant was the only employee to refuse relocation to another named depot on 24^th and 25^th March 2017 and he informed his Inspector on 23^rd March 2017 to this effect. In the circumstances of this dispute I find that as this is a collective issue I cannot recommend that the Complainant be paid his meal allowance of €17.50 for both 24^th and 25^th March 2017 and a payment of€335.90 for a rest day on 26^th March 2017 as the Complainant effectively removed himself from the roster for those days.

In accordance with Section 13 of the Act I do not recommend in favour of the Complainant

Dispute – payment of meal allowance and rest day a collective issue