A BUS driver who felt he had been branded as dishonest, unethical, untrustworthy and a malingerer has been awarded damages against Dublin Bus for defamation of character.
The judge referred to an arrangement with the company whereby the driver was allowed take time off for trade union work.
Driver Dave McMorrow (50) told the Circuit Civil Court his boss had written to the company’s chief medical officer, telling him Mr McMorrow had been absent for 207 days in a two-year period.
Mr McMorrow of Ballygoran View, Celbridge, Co Kildare, said that Dublin Bus divisional manager John McBride had warned in the letter that he was not to be granted further unpaid leave unless he granted it.
Conor Bowman, counsel for Mr McMorrow, told Judge Joseph Mathews his client felt he had been made out to be a malingerer. He had received an apology from Mr McBride and a €1,500 Dublin Bus cheque to give him “a weekend away”.
Mr Bowman said that the apology had been accompanied by an undertaking that the offending letter would be removed from all files and would never be mentioned again.
It turned up 11 months later, still on the chief medical officer’s file. Mr McMorrow had been unaware until yesterday’s court hearing that the letter had definitely been scrubbed from the record.
The judge said that Mr McMorrow had been left for seven years with a suspicion that the letter had still been kept on record and Dublin Bus had been unable to assure him even in court of the date that the letter had been removed.
He said that Mr McMorrow had been a union representative and by agreement of the company, he had been allowed to take off up to two days every week for union business.
On the basis the letter had remained on company files, it was not inappropriate that he should seek to recover damages.
Given that he had already received €1,500 compensation, the court would add a further €8,500, bringing the total compensation up to €10,000.