The Labour Court rejected Derek Michael Rothwell’s appeal against a Rights Commissioner decision that Dublin Bus had not penalised him under the Safety, Health and Welfare at Work Act 2005. The determination was dated 13 July 2011.
Rothwell, a full-time bus driver, said he was threatened with suspension after refusing to drive buses with defective brake lights. Dublin Bus denied threatening or penalising him, and said he was removed from driving duties on full pay while it investigated an incident involving a challenge to a supervisor’s instruction.
The Court found that Rothwell had raised health and safety concerns and that they were properly investigated. It found he suffered no further detriment or statutory penalisation, and upheld the Rights Commissioner’s decision.