Courts / Ireland / Report

Bus driver unfairly sacked after pruning branches at client's home

Summary

The Workplace Relations Commission ruled that bus driver Simon Logue was unfairly dismissed by Boyce Coach Travel Ltd after pruning tree branches at a client's home. Logue, who represented himself, alleged he obtained permission from the service user's mother to clear the obstruction. He filed complaints under Section 8 of the Unfair Dismissals Act and Section 7 of the Terms of Employment Act. Logue stated that the client's father complained to the HSE about him "interfering" with property, leading to his dismissal. Adjudication officer Shay Henry found that disciplinary procedures were not at the required standard, noting no written notice was given and Logue was denied the opportunity to represent himself. The officer accepted Logue's evidence that he spoke with the mother before pruning, describing his actions as ensuring health and safety. The officer ruled the dismissal unfair, awarding Logue €15,600 in compensation, equivalent to a year's salary. Additionally, the company was ordered to pay €200 for failing to provide a written contract. Peter Boyce, the company owner, was identified as the applicant in the case records, though the adjudication focused on the employer's liability for the unfair dismissal.

Who, what, where, when and why

What: Report matter: Bus driver unfairly sacked after pruning branches at client's home. Procedural stage: charge_or_pretrial

When:

• August 2019 Other
• 13 November Other
• 19 November Other
• 2022-03-15 Publication

Why: In his decision, adjudication officer Shay Henry wrote it was clear that the disciplinary procedures were "not at the required standard" because there was no notice in writing given, nor any opportunity for Mr Logue to represent himself. CNI source report

Case subjects

Places mentioned

Topics

Stage Charge Or Pretrial

Read the original CNI report