Case Number: ADJ-00014514. Workplace Relations Commission

• Court: Workplace Relations Commission
• Docket Number: ADJ-00014514
• Hearing Date: 05 October 2018
• Date: 01 February 2019
• Year: 2019
• Parties: A bus driver v A public transport provider

Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Background:

The worker challenges a final written warning issued to him following a video posted on social media that purports to show him physically removing a disruptive customer from his bus.

Summary of the Worker’s Case:

The worker outlined that he was unfairly issued with a final written warning arising from a video clip posted on social media on the 28th November 2017. He submitted that the use of the social media clip was a breach of policy and made the process unfair. He submitted that the video could have been manipulated and there was no credible basis to issue a sanction. No passenger had made a complaint. He submitted that the disciplinary process was based on what the customer experience manager saw and only reported one month later. The complainant had refused to answer questions based on the report of the video clip. He submitted that the employer could not start a process where it is not a data controller and the footage could have been manipulated....