Complainant

Respondent

Anonymised Parties

Bus Driver

Public Transport Provider

Representatives

Martina Weir Siptu - Works Rights Centre

The respondent did not attend and was not represented at the hearing

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00029989-001

31/07/2019

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

CA-00029989-002

31/07/2019

The claimant has been employed as a School Bus Driver with the respondent since the 29th.August 2016 – it was submitted that the respondent was in breach of the Act for failing to furnish the claimant with written terms and conditions of employment in accordance with Section 3 of the Act.

While it was acknowledged that the claimant was furnished with a written contract dated the 31st.10.2019 , it was contended that it should have been furnished within 2 months of commencement and the current document was deficient as it did not make any reference to the address of the respondent.

The claimant’s representative chronicled the efforts by the union to engage with the respondent since January 2019 – few if any of the emails sent on behalf of the claimant were responded to by the respondent. On the 1st.May 2019 , the company confirmed in writing that the claimant’s position would be regularised “ taking into account his date of commencement with the company”.It was submitted that the claimant was anxious to have confirmation of his permanency in order to guarantee his security of employment.It was advanced that by denying the claimant credit for his temporary years of service since 2016 the respondent was acting unfairly – he had not been awarded any incremental progression , had lost out on Safe Driving Awards , promotional opportunities and had not been entered into the company pension scheme.

The respondent did not attend and was not represented at the hearing.

On the basis of the uncontested evidence of the claimant , I find that the claimant was treated unfairly by the company in failing to honour their commitment of the 1st.May 2019 to regularise the claimant’s employment having regard to his commencement date of the 29th.August 2019.Accordingly I recommend that the claimant be appointed with effect from the 29th.August 2016 and acquire all associated benefits – including   incremental progression and   access to the company pension scheme – from his date of commencement.