The Labour Court overturned the Adjudication Officer’s decision and found that Go Ahead Transport Services (Dublin) Ltd unfairly dismissed Thomas Gifford. The determination was signed on 24 March 2022.
Gifford had admitted using his mobile phone while in charge of a bus. The Court found that a manager commented on the case before investigating it, then chaired the disciplinary hearing and imposed dismissal. That created a reasonable apprehension of bias and denied Gifford natural justice.
The Court found the dismissal automatically unfair. It also found Gifford contributed 100% to his dismissal because he used his phone while driving despite a clear company policy. Taking account of his difficult circumstances, the Court set compensation at zero. Arguments about personal data were outside its competence.