This case involved an operative in a chemical manufacturing plant in Waterford. The employee claimant had a poor record of absence and had received a series of warnings. He was given a period of unpaid suspension in September 2010 and his employment was terminated with six weeks' notice in December 2010. The claimant appealed. During the appeal process, but not before, the claimant raised his alcohol dependency. The manager hearing the appeal rejected the appeal on the grounds that it was the first time alcohol abuse had been raised as an issue and that the claimant had previously turned down offers of counselling, referral to the company doctor and was aware of the employee assistance programme.

The claimant's case