Galway Bus driver's discrimination case dismissed
He was employed as a driver and acting supervisor – a dual role that involved covering supervisor duties when permanent staff were unavailable
A Galway bus driver who alleged that he was being unfairly treated and lumbered with demanding shifts because he was a foreign national has had a case for discrimination dismissed.
Michal Badowicz had filed complaints against Bus Éireann with the Workplace Relations Commission (WRC) following what he described as ongoing bias and retaliation at the semi-state company’s depot in Galway.
He was employed as a driver and acting supervisor – a dual role that involved covering supervisor duties when permanent staff were unavailable.
In his complaints under the Employment Equality Acts and the Equal Status Act, Mr Badowicz alleged that a secondment panel created in January 2023 had been structured and utilised in a manner that systematically excluded him and favoured his Irish colleagues.
He claimed that he was regularly assigned the most demanding and late-night shifts, while other acting supervisors received easier rosters. “I have been treated unfairly compared to my colleagues, specially [sic] in terms of shift allocations and job opportunities,” he told the WRC.
The bus driver further alleged that, after he raised a grievance, he experienced a pattern of retaliation, including being assigned to drive during the Galway Races while colleagues were given supervisory roles.
Bus Éireann defended the claims through its legal representatives, arguing that the initial Equal Status Act claim was misconceived but would contest the claim under the Employment Equality Acts.
Peter Melia, the company’s service delivery manager, explained in evidence that the secondment panel had been established in January 2023 specifically to monitor new electric vehicles using National Transport Authority funding.
Only staff already performing acting supervisor duties at that exact time were eligible to apply, meaning Michal Badowicz – who was appointed to his acting role in April 2023 – did not qualify.
Nicola Mulhern, the regional HR delivery manager, gave evidence regarding the internal grievance process, noting that Mr Badowicz’s discrimination concerns had been detailed in written submissions but were not actively raised or discussed during a formal meeting on October 3, 2024.
WRC adjudication officer Michael MacNamee noted that the criteria used to establish the secondment panel in January 2023 had been clear, objective, and entirely unrelated to nationality.
He found that Michal Badowicz was simply ineligible at the time because he was not yet performing acting supervisor duties, and that the panel had already closed by the time the worker requested inclusion in October 2023.
Addressing the shift allocation complaints, Mr MacNamee found that there was no credible evidence of discretion being exercised to discriminate against the worker, observing that the differing terms of the secondment group had stemmed from the legitimate historical creation of the panel.
He also concluded that the internal grievance had been handled reasonably by Ms Mulhern, and that Bus Éireann’s failure to respond to a subsequent Christmas Day email was fully justified given its reference to separate, ongoing WRC proceedings.
Consequently, the claim under the Equal Status Act 2000 was withdrawn, and the adjudication officer ruled that the respondent had not discriminated against the complainant under section 77 of the Employment Equality Act 1998.