This case involved a Luas driver, who was dismissed for an alleged breach of an obligation not to engage in other employments without the employer’s permission. In 2017, the employer received a complaint that the employee had been seen driving a taxi.  The employer engaged a private investigator and obtained evidence that the employee had done so on one particular weekend.  The employee admitted that this was so and his mitigating explanation was essentially that he did not do so in any structured ongoing way, but only occasionally to assist his wife who was a taxi driver, but who had fallen seriously ill.

The employee lost his appeal against dismissal at the WRC but the Labour Court ordered re-engagement,