ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00036120
Parties:
| Worker | Employer |
Anonymised Parties | Bus Driver | Transport Company |
Representatives | National Bus and Rail Union | Head of Employee Relations |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00044440-003 | 01/06/2021 |
Date of Adjudication Hearing: 13/09/2021
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359 of 2020, which designates the WRC as a body empowered to hold remote hearings.
Background:
The Worker has been employed by the Employer from April 2012 as a Bus Driver, operating from the Galway depot. |
Summary of Worker’s Case:
Section 2 of the Employer’s agreed Disciplinary Policy and In-House Procedures state that "if the line manager considers there is a case to be answered, the employee will be formally written to detailing the matter concerned. The employee shall have the opportunity to state his/her position in writing and/or have a personal hearing.” The Employer departed from its own procedures, failed to allow the Worker state his case but unilaterally penalised him whilst contravening the law. The failure of the Employer to adhere to its own procedures denied the Worker natural justice and fair procedure. |
Summary of Employer’s Case:
It is the Employer’s position that no disciplinary issue arose in relation to the Worker. |
Findings and Conclusions:
The Worker has submitted a number of complaints against the Employer under various pieces of employment legislation. The matters contained in this referral have been ventilated and comprehensively addressed in an adjudication decision under employment rights legislation. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I do not recommend in favour of the Worker. |
Dated: 2nd December 2021
Workplace Relations Commission Adjudication Officer:
Key Words:
Matters dealt with under Employment Rights legislation |