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