Posted: September 10th, 2019
€10,200 in constructive dismissal compensation must be paid by to a long-serving Bus Éireann driver after a ruling by the Workplace Relations Commission (WRC).
Dan Fitzpatrick said that he has been left ‘deeply traumatised’ over the way he was constructively dismissed by the bus company. Mr Fitzpatrick had been working for Bus Eireann for 16 years in the Galway region. The company told him that he would need to step down from his position or face being terminated due to an incident involving an elderly passenger in November 2017.
In the incident in question Mr Fitzpatrick said that he physically escorted an elderly passenger off a Galway city route bus service after an angry exchange between the two and repeated requests from Mr Fitzpatrick for the man to depart the bus. Once the gentleman was off the bus Mr Fitzpatrick got back into his driver’s seat and proceeded to drive off.
The day following the incident, Mr Fitzpatrick was called to his supervisor’s office where he viewed three different CCTV recording of what occurred and was immediately suspended pending a subsequent disciplinary hearing.
If he chose to remain in his position and be fired and he would have no longer have qualified for his €10,000 to €15,000 retirement gratuity. due to this he retired on November 27, 2017, after what he described to the WRC as “a flawed and unfair disciplinary investigation” by Bus Éireann. He then submitted a claim for constructive dismissal under the Unfair Dismissals Act with the WRC.
WRC Adjudication Officer, Ray Flaherty said that Mr Fitzpatrick had no choice but to retire when he was told failure to do so would lead to him not qualifying for his retirement gratuity and referred to the gratuity ultimatum to Mr Fitzpatrick as “unreasonable and unacceptable”.
In his ruling, Mr Flaherty said that comments made to Mr Fitzpatrick by a supervisor that “there is no excuse for this behaviour” in the incident and “you will never work in the company again” backed up Mr Fitzpatrick’s claim that fair process was not followed.
Bus Éireann were not present at the WRC oral hearing but a Bus Éireann representative commented: “Bus Éireann do not comment on individual cases and we have no further comment”.