Andrew Brislane of Spanish Point, Co Clare worked for ICTS Ireland at Shannon Airport, which provides antiterrorist security services for various US airlines operating out of Ireland. Profiling is a key component of the service and the company is subject to checks by inspectors from the US government's Transportation Security Administration (TSA). Profilers interview passengers and make a security classification/profile of the person, which can result in the passenger not being allowed to fly. The controversial practice was introduced by the US authorities in the wake of 9/11 for all flights operating in and out of the US.

ICTS Ireland told an Employment Appeals Tribunal hearing that in August 2004 it had been due to be the subject of a security check by US government inspectors at Dublin Airport. But as four of its profilers resigned the month before, ICTS had to draft in profilers from Scotland and Gatwick, as well as Brislane from Shannon.

However, the drafted-in profilers met in a hotel bar the night before the TSA inspection. A supervisor of ICTS claimed that the next morning Brislane "looked rough . . . as if he had a lot to drink" and he was "very hungover". Brislane's brother later phoned in to say he was sick and would not be able to report for work. In all, four profilers drafted in for the inspection failed to turn up for work that day.

ICTS said this meant it had to launch a contingency plan which resulted in "long queues, which is contrary to the policy of Dublin Airport".

Brislane told the tribunal that, while he had had a drink the night before, he was not drunk. He said he had become ill on the train from Shannon to Dublin the previous day and was later told by his doctor he was suffering from a virus and had suffered "a mild heart attack".

In a decision published last week, the tribunal ruled that ICTS had failed to carry out a proper investigation into the incident and had too easily dismissed Brislane's medical certificates that he was sick.