The Labour Court rejected Dublin Bus driver Onofrio America’s appeal over the refusal of occupational injury benefit, leaving in place the finding that his complaint was not well founded. The determination was signed on 1 July 2016.
America had worked for Dublin Bus since 2007. On 10 February 2015, a car ran a red light in front of his bus, and he braked suddenly. He later sought payment under the occupational injury scheme. After reviewing CCTV footage, his depot manager decided that any injury America presented with had not resulted from the incident and refused his application by letter dated 19 February 2015.
America argued that the refusal letter failed to meet the Terms of Employment (Information) Act 1994 requirements for notifying him of a change to his contract. The Court found that he could still qualify for the benefit in future if he met the scheme’s conditions, so Dublin Bus had not changed his terms and conditions. It also found that no obligation to give written notification had been triggered. The appeal failed, and the Adjudication Officer’s decision stood.