The facts of the case were as follows. The claimant worked for the respondent company which undertook maintenance of trains for LUAS. The claimant was absent from work for a period of 2 months and whilst the claimant was off he returned to Poland for treatment for his back injury. The respondent contacted the claimant referring the claimant to the company doctor to assess whether he was deemed fit for work. During his absence the claimant was paid in full by the respondent, additionally the respondent paid for the claimant's medical treatment upon his return to Ireland.

The case centred around information the respondent became aware of, namely that the claimant whilst on sick leave participated in a car rally in Poland. A disciplinary hearing took place on the basis of this information and the claimant stated that he was running a business in Poland renting five cars. The respondent found that the claimant had abused the sick pay scheme and by running a separate business in Poland. This it felt amounted to gross misconduct and a decision was made to dismiss the claimant. This decision was appealed and upheld.

The claimant claimed that the respondent failed to properly investigate the allegation. The claimant argued that he did not participate in the car rally but rather at the time in question he was visiting his sister some 200 kilometres away.

As a result of his dismissal the claimant found it difficult to find another job within the country and consequently was forced to return to Poland following the appeal as he could not afford to live on the social welfare he was receiving.

The Tribunal held that the investigation carried out by the employer was not "exhaustive enough". The tribunal held that the claimant was unfairly dismissed and considered that the most appropriate remuneration for the claimant was compensation. The tribunal awarded the claimant €4088.
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