The Workplace Relations Commission rejected Philip McMahon’s unfair dismissal complaint against Dublin Bus, finding that his dismissal was fair. The decision was dated 11 November 2025.
McMahon, who had worked as a bus driver for Dublin Bus for 28 years, said he was dismissed after refusing a biological oral swab by Randox, while offering to be tested by the company’s Chief Medical Officer. Dublin Bus rejected his claim and relied on its alcohol and drugs policy.
The WRC found McMahon had been randomly selected for on-site testing on 1 July 2024 and refused to take part. It accepted that the testing policy served passenger and public safety, that a separate testing arrangement would not be workable and that the investigation and disciplinary process was fair. It found the conduct amounted to gross misconduct and dismissed his complaint.