Cork school bus driver fired for arguing over where autistic boy could sit awarded compensation
The Workplace Relations Commission ruled that Daly Travel of Youghal, Co Cork, had unfairly dismissed driver Kieran Curley in February 2025 after a 'site ban' had been imposed by Bus Éireann following a complaint by the child’s mother.
A Cork school bus operator has been ordered to pay €18,000 compensation to a former driver who was fired after a row with a woman over where her autistic son could sit on a school bus.
The Workplace Relations Commission (WRC) ruled that Daly Travel of Youghal, Co Cork, had unfairly dismissed driver Kieran Curley in February 2025 after a “site ban” had been imposed by Bus Éireann following a complaint by the child’s mother.
Mr Curley, who had worked for 10 years as a part-time driver for the company which operated school bus runs on behalf of Bus Éireann, was suspended following the incident on his bus on January 23, 2025.
The director of Daly Travel, John Daly, admitted he did not have exact information about what happened on the bus. Mr Daly termed it “privileged information” after Bus Éireann refused to provide him with a copy of the complaint about Mr Curley.
He claimed he had no choice but to dismiss the driver when Mr Curley, who had an unblemished work record, would not accept the offer of alternative work.
Mr Curley gave evidence that the mother of the autistic boy had engaged in “an abusive and confrontational interaction” with him over seating arrangements on the bus.
He told the WRC that he was unaware that the child was autistic and had an expectation that he could sit at the front of the bus as a result of an agreement with the school.
Mr Curley said it was his practice that children should sit further back on safety grounds. He also claimed that he was never informed of the complaint against him and was shocked to be dismissed.
The WRC heard that Mr Curley, who was 65 at the time, could not find other work as his health deteriorated, but he had since qualified for the State pension.
In her ruling, WRC adjudication officer, Patsy Doyle, said the driver experienced “a period of wilderness” after being suspended without knowing the real reason.
Ms Doyle said she did not know why Bus Éireann did not move to investigate the issue in the interest of fair procedures.
She said Mr Daly seemed to adopt “a position of tacit acceptance” after Bus Éireann refused to give him a copy of the complaint.
However, Ms Doyle said she accepted Mr Daly’s evidence that he unsuccessfully sought to coax Mr Curley to participate in some kind of response to Bus Éireann.
The WRC official said she was taken aback by Bus Éireann’s refusal to provide Mr Daly with a copy of the complaint.
She said it was also bizarre that Bus Éireann seemed to have investigated the complaint without the involvement of either Mr Daly or Mr Curley.
Ms Doyle said the tripartite nature of the employment relationship did little, if anything, to afford fair procedures to the bus driver. “It was a case of too many proverbial cooks stirring an undefined pot of complaint,” she added.
Ms Doyle said she could not excuse Mr Daly’s inertia and noted he had given no reasons for allowing Bus Éireann to control what happened after Mr Curley was suspended.
She said every rule of fair procedures, natural justice and trust and confidence was fractured by Mr Daly, who had shown unnecessary deference to Bus Éireann.
Ms Doyle said she could not adjudicate on the incident on the bus, but it seemed Mr Curley had not been given sufficient guidance on how to manage being door-stopped by a parent.
Although Mr Curley had contributed to his own dismissal, she awarded him compensation of €18,000 — the equivalent of 36 weeks’ pay — for a dismissal that was substantially and procedurally unfair.
She also recommended that Mr Daly introduce a contingency plan for an externally imposed “site ban” which is underpinned by fair procedures and natural justice.
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