Báile átha Cliath – Dublin Bus v Claire McKevitt Posted In: Case Law
Case ReferenceIEHC 78
Legal BodyHigh Court of Ireland (IEHC)
Type of Claim / JurisdictionDismissal, Health and Safety
This appeal involved a claim of unfair dismissal. The complainant had been dismissed by her employer on the grounds that she did not have the capability to perform her role as a bus driver. The complainant had a multiplicity of health problems and absences, which combined, led to a multi- factorial conclusion that the complainant was unsuitable to continue working as a bus driver. The company stated that this decision was based on the fact that safety was their number one priority and that they had a duty to protect employees, the general public and the travelling public. The Court heard that this duty was fulfilled by carefully monitoring the 'tolerance' of employees and their capacity to
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