The Labour Court varied the remedy for Kenneth Folman’s unfair dismissal, replacing reinstatement with €5,000 compensation. Its determination, dated 17 August 2021, followed Bus Eireann’s failed appeal.
Bus Eireann accepted that the dismissal was procedurally unfair but argued Folman had contributed fully to it, citing performance concerns, a final written warning and a driving disqualification. Folman disputed the seriousness of the incidents and said the disqualification was lifted after he appealed.
The Court found ongoing conduct issues and trust concerns made a return to work unworkable, so reinstatement and re-engagement were inappropriate. It ordered Bus Eireann to pay compensation, taking account of Folman’s claimed losses and other relevant factors. He said he earned about €79 less per week in an interim job; in a later job, he worked 25 hours a week at the same hourly rate as before.