The Workplace Relations Commission found Frank Berman was unfairly dismissed by Go-ahead Transport Services (Dublin) Limited and ordered his reinstatement. The decision was dated 15 September 2021.
Berman was a bus driver. The company said CCTV showed him using a mobile phone while driving, contrary to its rules. The WRC found its CCTV policy did not provide for using the footage for discipline in these circumstances, and that the footage had been viewed without the specific request the policy required. It also found the company’s practice of terminating every employee accused of mobile-phone use prejudged guilt and the penalty, denying Berman a fair hearing. The WRC ordered his reinstatement on his previous terms and conditions, with reinstatement deemed to have begun on the day of his dismissal.