The respondent provides an airport express coach service to and from Dublin Airport. The appellant had two years' driving experience with a private operator before commencing employment with the respondent. The appellant undertook all the relevant training and also attended and passed an Advanced Driving Course.

The respondent's case was that each employee spends three to four weeks driving routes with an experienced driver. The respondent gives emphasis to health and safety, the non use of mobile phones while driving and drugs and alcohol are strictly prohibited. Prohibited electrical equipment includes mobile phones, ear pieces, blue tooth Satnavs, IPODS and IPADs and this is highlighted to all