This appeal involved a complaint that the complainant had been dismissed by their employer. The fact of dismissal was not in dispute.

The facts which led to the dismissal are summarised as follows: on the 19th of September 2015 the complainant arrived late for work and had been driving erratically which resulted in a member of the public contacting the Gardaí. According to his shift co-ordinator he had looked like somebody who was drunk, he was unable to walk correctly and would not make eye contact. The complainant was immediately removed from the production floor and when questioned became aggressive and a smell of alcohol was detected by the shift co-ordinator. Before sending the complainant home the shift co-ordinator