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Bus driver awarded €3,923.73 after redundancy complaint failed

By Tadhg O'Sullivan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission directed Last Bus Limited to pay bus driver Charles Andrew Cloete €3,923.73 for untaken annual leave and qualifying public holidays. In a decision dated 10 February 2023, it also found his redundancy complaint not well founded. Cloete had been laid off during the fall in airport passenger numbers in 2020. Last Bus offered him alternative driving work on a Dublin Airport to Portlaoise route after his previous workplace ceased trading. He argued the role involved significantly different terms and conditions and claimed redundancy pay. The company said the alternative work was suitable and that he was not entitled to redundancy pay after refusing it. The WRC found the proposed changes, including a uniform reimbursement requirement if he left within six months and a medical certificate requirement after two days' absence, were insignificant. It decided the alternative job was suitable and that Cloete's refusal was unreasonable. It also found that annual leave did not accrue during lay-off, but directed payment for 20 days of untaken leave accrued before lay-off and public holidays during the first 13 weeks.

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