Mr Godsland worked for the firm that has the contract to carry out the National Car Tests. He was dismissed because he carried out a test on his own vehicle. Applus argued that this was against their policies - employees could have one free test per year but were not permitted to carry out tests for their own vehicles or those of close friends or family. The claimant said he had not been informed of this policy.

The employer argued that integrity was vital to their business and they had issued guidelines which included the following advice:

• Avoid situation that may require you do something which you know to be illegal or unethical
• Company property may not be used for your own benefit
• Do not engage into any transaction which does not have a genuine, legitimate business purpose
• Ask yourself whether any contemplated transaction or business practice would withstand the scrutiny of the public eye
• Do not do anything which could require you to be untruthful
• See advice when in doubt.

The EAT found that the claimant's actions were contrary to subparagraph 3 of Regulation 3 of the NCT Integrity Programme which states: "If you have any history pertaining to a vehicle presented to you for a test, you must disclose this to your TL/Manager who will organise another inspector to test this vehicle."

The EAT also found that the claimant’s action had the potential to embarrass the respondent and to undermine its reputation if his action came to the attention of the external auditors. The respondent had no option but to take serious issue with the claimant’s action. 

However, for more than a year the respondent either remained unaware or overlooked the claimant’s action. In the Tribunal’s view this delay undermined the decision to dismiss the claimant and the EAT awarded €35,000 in compensation to the claimant. 
https://www.workplacerelations.ie/en/Cases/2015/August/UD1422_2013.html