Complainant

Respondent

Anonymised Parties

A School Bus Driver

A Transport Company

Representatives

  In person

 In person

Act

Complaint/Dispute Reference No.

Date of Receipt

Dispute seeking adjudication in accordance with Section 13 of the Industrial Relations Act, 1969.

CA-00061002-001

15/01/2024

The within referral relates to a school bus driver who is employed by the employer. The employer is a contractor who provides vehicles and drivers to a third party in respect of the provisions of school transportation services.

An unfortunate incident occurred on 9th October 2023 when the employee was driving a school bus on a route he was not familiar with. The employee was covering for the regular driver who was unavailable on that day. After all children had been returned home after school, the driver returned with the bus to the depot. It became clear to him on his return that a child had remained on the bus in the back seat which the driver had not noticed. The child’s mother was very distressed as she had been unaware where her child had been for the previous 30 minutes or whether the child was safe.

The incident resulted in the driver being stood down as a bus driver by the client of the employer. The driver remains employed by the employer and the employer is very supportive of the employee’s wish to return to driving a school bus and has made representations to his client on behalf of the employee. Unfortunately, given the nature of what occurred and the importance of child safety, the employee was not permitted to return to work as a school bus driver.

Both the employer and the employee confirmed at the adjudication hearing that they are not in dispute and presented a joint position in respect of the employee’s removal from his role as a school bus driver.

In relation to the within referral, I note that the parties are not in dispute. The employer is supportive of the employee, and both feel that the employee being removed from his role as a school bus driver is excessive given the unfortunate incident that occurred on the day in question. The employer had made representations to his client in respect of the employees’ reputation and experience over 13 years and made every effort to have the employee returned to his role as a school bus driver but to no avail.

I note that at the time of the adjudication hearing, the employee remains employed by the employer and is assigned to other driving work which is not sustainable for the long terms and is largely unsuitable to the employee’s circumstances. The employee wishes to return to work as a school bus driver but due to a refusal on the part of the employer’s client, this has proved impossible.

Having considered the above referral and on the basis that the parties are not in dispute, I recommend that the employer and the employee consider the matter closed and that no further action is required of either party in respect of the within dispute.