This case involved an articulated lorry driver of some 25 years' experience, who had 4 years' experience with the employer. His performance record wasn't great - he had damaged vehicles and had been charged by Garda for failing a breathalyser test. The claimant had received a final written warning in September 2010 as a result of previous incidents relating to lack of proper observation while driving his vehicle and non-collection of associated delivery paperwork. He had received his first written warning in relation to these issues in April 2010.

At the time of the charges regarding the failed breathalyser test, which were subsequently dropped, the claimant had agreed to being breathalysed every morning at work and randomly after work.