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.

The decision of the EAT in this case highlights the need for employers to strictly follow disciplinary procedures. The EAT was, "... satisfied that no verbal warning was issued to the claimant in respect of any alleged misconduct as is required before the issue of any written warning... having examined the circumstances surrounding the incident in respect of which the respondent issued their final written warning, it is clear (a) that the manner in which the claimant discharged his duties on the occasion in question did not amount to misconduct (b) that the warning issued should not therefore have issued and (c) that it thus had no effect."

The tribunal noted that the claimant was out of work for some ten months before securing alternative employment and awarded the claimant €40,000.00 under the Unfair Dismissals Acts, 1977 to 2007.

http://www.workplacerelations.ie/en/Cases/2013/October/UD813_2011_MN874_2011.html