Paddywagon tour operator to pay €7,200 after WRC rules driver’s dismissal was unfair
Gordon Deegan
Tour operator to some of the country’s best-known tourist hotspots including the Cliffs of Moher, Paddywagon, has been ordered to pay out €6,000 for the unfair dismissal of a driver.
This follows Workplace Relations Commission (WRC) Adjudicator Jim Dolan finding that John Butler was unfairly dismissed by Paddywagon Ltd in July 2024 due to a lack of procedure utilised by the firm.
In addition to the €6,000 compensation for unfair dismissal, Mr Dolan has also ordered Paddywagon Ltd to pay Mr Butler €1,200 compensation for not providing him with a written statement containing his terms and conditions.
In his ruling, Mr Dolan said he feels that Mr Butler provided a version of events that may not be totally accurate and therefore found that Mr Butler contributed 50 per cent to his own dismissal.
The tour operator dismissed Mr Butler on July 8th 2024, "with immediate effect due to gross misconduct."
Paddywagon Ltd’s grounds for such dismissal cite damage having been caused to one of its buses by Mr Butler through his own "carelessness" and alleges that Mr Butler further lied to management about the incident.
On behalf of Paddywagon Ltd, John Colthurst BL (instructed by solicitor Frank Nyhan) said that company management had totally lost any level of trust and confidence in Mr Butler.
In his findings, Mr Dolan said from what he has heard from Paddywagon Ltd, plus viewing the CCTV footage at the hearing, “it does appear that on the balance of probability that the complainant did cause the damage to the bus”.
On behalf of Mr Butler, Mr Liam O’Flaherty BL (instructed by John Cashell Solicitors) submitted that Mr Butler accepts that damage was sustained to a bus assigned to him on July 8th, 2024, but disputes that it occurred due to carelessness on his part.
Mr Butler rejected the allegation that he lied to any members of management regarding the circumstances in which the damage was caused, and also that he had been previously issued with any warnings as referred to in the dismissal letter.
Mr O’Flaherty argued that other than an apparent review of CCTV footage referred to in the dismissal letter, no investigation seems to have been conducted by Paddywagon Ltd before dismissing Mr Butler.
Mr O’Flaherty further argued that Mr Butler was not afforded an opportunity to challenge the assertions made in the dismissal letter, nor was any right of appeal afforded to him regarding the dismissal.
Mr O’Flaherty submitted that the procedure to dismiss Mr Butler was not "rational and fair", in that Mr Butler was not given an opportunity to advance any argument as to his innocence of the allegations levelled at him.
In his findings, Mr Dolan said he found it very difficult to disagree with Mr Butler, disputing that he had received any prior warnings and that in any event, Paddywagon Ltd lacked any policy in respect of warnings, and therefore reliance on same to justify summary dismissal of Mr Butler renders that dismissal unfair.
Mr Dolan also said he found it very difficult to disagree with Mr O’Flaherty, stating that dismissal, in all of the circumstances, was not within the range of reasonable options open to Paddywagon Ltd, even had the misconduct in question (which Mr Butler denies) been committed.
Mr Butler found alternative employment more than 12 months later on August 8th 2025, with Marti Twomey Coaches Ltd, where he receives €1,294 less per month in salary compared to his Paddywagon Ltd salary.
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