Pensioner loses discrimination case against Bus Éireann driver

The woman claimed that the driver 'falsely claimed' the bus was only going as far as Doonbeg and — she said — told her to wait for a later bus, due to leave at 3pm. File picture: Denis Minihane

A pensioner who wanted a warm seat on a bus has failed in her age discrimination claim at the Workplace Relations Commission (WRC) against Bus Éireann.

The 83-year-old had alleged a driver at Ennis bus station refused to let her board the 333 bus to Kilkee on June 6 last year “without any valid reason”.

She claimed that the driver “falsely claimed” the bus was only going as far as Doonbeg and — she said — told her to wait for a later bus, due to leave at 3pm.

In its adjudication, the WRC noted: “The complainant was in a lot of pain and it was a particularly cold day.

“The complainant knew the 2pm bus took a longer route home to Kilkee but she wanted to be seated on a warm bus rather than wait at Ennis bus station which is very cold.

She stated this was her choice to make and she alleged the bus driver refused her access to the bus without cause or reason.

Bus Éireann said the driver about whom the pensioner complained is a very experienced driver and had “an extremely positive relationship with all customers”.

However, when asked about the alleged incident, he told management he did not recall any specific interaction with the pensioner.

He did say that he would regularly inform passengers boarding the 2pm service to Kilkee that there is a more direct service departing Ennis one hour later, at 3pm, should they wish to travel on it instead.

The company said: “He offers this advice solely because the journey time of the 3pm service is considerably shorter (and) arrives into Kilkee at 4.05pm, which is exactly the same time as the 2pm hours service, which takes a more circuitous route.” 

The driver told management "that if (and only if) he spoke to the complainant, it would have been to inform her of a more customer friendly direct travel option at 3pm”.

However, he “categorically denies he refused the complainant access to his service and says he may simply have sought to inform her of travel options but genuinely does not recollect any conversation with the complainant that day”.

The bus company concluded: “From the internal investigation it is evident that no discrimination has occurred."

“The company would also like to make it abundantly clear that (the complainant) is welcome on board our services at any time and if she requires any support from the travel assistance team we would be happy to arrange that.

“The company would also like to apologise to the complainant for any misunderstanding which arose that day as our driver sought to support her journey to Kilkee.” 

WRC ruling

The WRC said, in its adjudication, that both the pensioner and the driver “gave very clear but totally conflicting evidence regarding the alleged discrimination”.

It added that having considered the evidence of both parties, the complainant did not establish, on the balance of probabilities, a prima facie case that she was discriminated against.

“The complainant came across as a decent and honest person but equally the evidence of the bus driver cannot be discounted as to his version of how events may have happened, given he has no recollection whatsoever of the alleged incident.”