A bus driver who is a member of the Independent Workers Union (IWU) has brought High Court proceedings against Dublin Bus seeking a declaration that he holds a permanent position with the company pursuant to a contract of employment.
John Carroll, Woodvale Grove, Clonsilla, Dublin, also wants an injunction restraining the company from terminating his employment or giving effect to a notice of dismissal of August 9th, 2004.
Mr Justice Frank Clarke has also been asked for an order requiring Dublin Bus to pay salary and all benefits to Mr Carroll from the month of August 2004 pursuant to its employee benefit plan, and to include pension benefits and AVC contributions.
The company is opposing the applications and the hearing has been adjourned until Monday for mention with a view to fixing a date for the hearing of further submissions by counsel.
It is claimed by Mr Carroll that in November 2002 he was injured during the course of his work because of a seat, in relation to which separate proceedings were issued. He was intermittently absent on sick leave until April 2003. Since April 2003 he had been on continuous sick leave.
A CIÉ panel doctor recommended that he was a good candidate for a rehabilitation route. The company's chief medical officer certified he was fit for "rehabilitation type" duties as a bus driver.
Notwithstanding the recommendation, the company had refused to allow him return to work, it is claimed.