A woman who claims she was wrongly removed from her job as a school bus-driver after it was alleged she struck a child attending a special needs school has asked the High Court for orders restraining her dismissal.
Ms Rosario Donohue, of Spiddal, Nobber, Co Meath, denies she assaulted any child travelling with her.
In an affidavit, the mother of a child who travelled on Ms Donohue's minibus said she was informed some of the school helpers had alleged they saw Ms Donohue hit her son, but did not say in what way. The mother said she told the school principal that Ms Donohue had always been extremely kind to her son. She closely observed her son after that but saw no sign of him feeling anything other than happiness with Ms Donohue.
The school principal later told her it was proceeding with a complaint against Ms Donohue. The mother told the principal she did not want to be associated with that complaint. Her son had a tendency to throw paper about and, when asked by Ms Donohue about this, she had told Ms Donohue when he did that to catch him by the wrists and say "No" and he would cease. She had authorised Ms Donohue to do this.
Pending the hearing of full proceedings between herself and Bus Eireann, Ms Donohue is seeking a number of orders, including an injunction restraining Bus Eireann from preventing her being employed as a school bus-driver.
She wants declarations that her purported removal from Bus Eireann's list of nominated busdrivers under the School Transport Scheme (STS) was and is contrary to natural and constitutional justice and/or fair procedures, is null and void and that she was and remains a nominated school bus-driver under the scheme.
Ms Justice Macken yesterday reserved judgment on the application to July 28th and also made directions aimed at securing an early hearing of the main action. It is claimed Ms Donohue, since 1988, has been a nominated driver under the STS. She had been employed by and/or contracted her services to Mr James Carolan, her brother, of Spiddal, Nobber, as the driver of school buses for children attending a special school in Co Meath.
In July or August 1998, Bus Eireann intimated to Mr Carolan and to Ms Donohue that it had received an allegation of an alleged assault by Ms Donohue on an unnamed pupil availing of the school transport. Bus Eireann was not prepared to renew its contract with Mr Carolan for the provision of transport services unless Ms Donohue was excluded from driving pending an investigation by Bus Eireann of the allegation.
Eireann last in January that it had completed its investigation and that Ms Donohue "may no longer be considered as a nominated school bus driver under the STS".
Ms Donohue denies the allegations. She claims her removal was in breach of natural and constitutional justice and fair procedures and she has suffered defamation of her character and reputation and mental distress.
Bus Eireann denies these claims. It pleads it has no privity of contract with Ms Donohue and says Mr Carolan was the only party to an agreement with Bus Eireann. It was a matter for Mr Carolan to select his drivers. However, Bus Eireann believed it was entitled to raise any genuine concerns it might have regarding those drivers and that was the position in this case.
During yesterday's hearing, Mr Roddy Horan, for Bus Eireann, said it was prepared, without prejudice, to grant Ms Donohue a hearing.
In an affidavit, Mr Gerry Gannon, school transport manager with Bus Eireann, said one of its inspectors was told in October 1997 by the principal of a special school in Co Meath that Ms Donohue had been observed striking a child on two occasions.
The inspector was later advised by the principal that the parents of the child did not wish to proceed with a complaint, but the principal indicated in April 1998 that the school was making a formal complaint about Ms Donohue. A letter of complaint was received by Bus Eireann in April 1998.
The complaint was investigated by Bus Eireann and contacts were made with Mr Carolan and staff at the school. Written statements were taken from two staff members who witnessed the alleged incidents. Ms Donohue had also contacted Bus Eireann about the matter and denied the allegation. After receiving the written statements about the incident, Mr Gannon said he concluded it would be inappropriate for Ms Donohue to act as a nominated school bus-driver.