Complainant

Respondent

Anonymised Parties

A Bus Driver

A Transport Company

Representatives

A SIPTU Representative

A HR Manager

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-00022223-001

28/09/2018

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

CA-00022224-001

28/09/2018

The Complainant is a Bus Driver and was dismissed on two separate occasions by the Respondent in April and August 2017 but his appeals of the dismissals have not yet been heard and he is seeking the dismissals be stuck out as a result and compensation for the delay. He remains an employee of the Respondent. The Complainants Representatives have sought an urgent Recommendation on the issue due to a forthcoming Appeal Hearing. Both claims above were identical, so this Recommendation refers to Claim Reference number CA-00022223-001 and Claim Reference Number CA-00022224-001 is withdrawn.

The Complainant has 12 years loyal service.

The Complainant’s alleged breaches were not properly investigated by the Respondent and no Investigation report issued.

The Complainant was dismissed by letter dated March 23rd 2017 but the letter was signed April 21st 2017. The Complainant appealed this decision on April 21st 2017 within the 7 days allowed for an appeal by the Respondents Disciplinary procedure. The Complainant was entitled to a quick Appeal Hearing but none has taken place to date.

The Complainant was again dismissed on August 15th 2017 and this decision was also appealed by the Complainant within the allowed timeframe and again no Appeal Hearing has taken place.

These delays are against fair procedure and denies the Complainants right to natural justice. No investigation has taken place and no reports of such investigations were given to the Complainant.

The Complainant contends that his dismissals were unfair and unwarranted.

The Complainant is seeking both dismissals be erased from his employment record and seeks compensation for the humiliation and burden of having two dismissal cases hanging over him for two years without recourse to an Appeal Hearing.

               The Complainant was dismissed on February 23rd and August 15th 2017.

               Due to an internal reorganisation there were a number of vacancies on the Appeals Board and the Respondent is dealing with a back log of appeals and will endeavour to all with all outstanding appeals in the most expedient fashion.

               Appeals were organised for the Complainant in late 2018 but he was off sick till January 2019. Appeals were arranged for February 14th and 21st 2019 but both dates were postponed for a number of reasons.   An appeal is set for March 7th 2019.

It is important to note that this Recommendation is about the Dismissal Appeals Process and not the substantive issues involved in the dismissal.

It is highly unusual, to say the least, that an employee would be dismissed twice by the same employer and still continue in employment.

It is also highly unusual that an Appeal Hearing of a dismissal case has not been heard almost two years after a dismissal. The Responsibility to conduct an Appeal Hearing quickly and within a reasonable timeframe rests with the Respondent. The Complainant has a duty to co-operate with the Appeals process, once initiated.

At the Hearing the Complainant and his Representatives stated they had no knowledge of the Appeal Hearing scheduled for this Thursday March 7th 2019.

Following consideration of all the submissions, I recommend that as the second dismissal (dated August 8th 2017) supersedes   the first dismissal (dated April 21st 2017) that the original dismissal be expunged from the Complainants file and that an Appeal Hearing of the dismissal grounds dated August 8th 2017 be held at the earliest possible opportunity, but no later than two months from the date of this decision, and that all parties, including the Complainant, make themselves available for this Hearing with a minimum of two weeks’ notice provided by the Respondent, by registered post, to the Complainant of that Hearing and the Hearing of March 7th 2019 be postponed pending the notification of the Appeal Hearing as outlined herein. I see no grounds for making a Recommendation for compensation in the specific circumstances of this case.

Dismissal process