McKevitt v Bus Atha Cliatha

• Jurisdiction: Ireland
• Court: Employment Appeal Tribunal (Ireland)
• Judgment Date: 25 June 2015
• Judgment citation (vLex): [2015] 6 JIEC 2513
• Docket Number: UD991/2014,MN505/2014
• Date: 25 June 2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. UD991/2014

MN505/2014

CLAIMS OF:

Claire McKevitt

and

Bus Atha Cliatha - Dublin Bus

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

I certify that the Tribunal

(Division of Tribunal)

Chairman: Ms N. O'Carroll-Kelly BL

Members: Mr W. Power

Mr F. Keoghan

heard this claim at Kilkenny on 25th June 2015

Determination:

1 The Tribunal have carefully considered the evidence adduced over the three day hearing, the documentation submitted together with the legal submissions.

2 The claimant commenced employment with the respondent as a bus driver on the 8^th September, 2007. In 2009 she began to experience difficulties in relation to her health. She had 23 periods of sick leave between July, 2009 and January, 2014. However, approximately 60 days were at the respondent's request, due to a work related injury.

3 Dr. L gave extensive evidence in relation to the claimant's multiple medical conditions. Emphasis was placed on one particular condition, i.e. vasovagal syncope. Dr. L stated that he had a responsibility not only to the claimant but to the respondent, its passengers and to the public atlarge. He was of the opinion that the risk of the claimant passing out at the wheel of the bus was high. The claimant's evidence contradicts the factual premise upon which Dr. L formed his opinion...