FACTS

Mr Boyle was a postman in the Dublin area. He was dismissed by An Post for alleged ‘re-posting’ of mail. An Post had reason to believe that instead of delivering post assigned to him, Mr Boyle re-posted it in a letter-box close to his home. Mr. Boyle denied the allegation. An Post viewed these alleged actions as so serious as to merit termination.

Mr Boyle went through an investigation and disciplinary process with An Post. An Post dismissed Mr. Boyle pursuant to the standard notice provisions contained in his contract of employment and paid him all the payments to which he would have been entitled on the ordinary termination of his contract.

Mr. Boyle claimed that An Post