The Labour Court upheld the finding that Transdev Dublin Light Rail Limited fairly dismissed Adil Shafiq, rejecting his appeal. The decision, dated 2 August 2018, concerned an incident at Cowper LUAS stop in which Shafiq was found to have acted aggressively and at least attempted to assault a passenger.
The Court said it could not determine whether Shafiq struck the passenger, but found it was reasonable for the company to conclude that he had engaged in actual or threatened violence and begin disciplinary proceedings. It found the process substantially followed agreed procedures and fair procedures, noting that Shafiq knew the allegation, could review the evidence and CCTV, and had union representation.
The Court also accepted that Shafiq had been taunted and may have faced racial abuse, while noting his customer-facing role and conflict-management training.