Restrictive injunctions are a legal tool used to
prevent a party from taking a specific action.
In the context of employment law, employees may issue injunctions on employers,
perhaps to prevent dismissal, and likewise, employers are sometime compelled to
seek injunctions against employees.
There are several reasons why an employer may be
forced to issue a restrictive injunction on an employee, including cases
- An employee is believed to have
committed an act of fraud.
- Confidential Information has been taken
without permission, in such cases, an injunction may be sought to prevent this
information being shared with a third party.
- A member of staff subject to restrictive
covenants within their employment contract is on garden leave and it is
believed they may poach clients or employees.
Such events can clearly pose a risk to any
business, and as such, it is essential to act swiftly to prevent and mitigate any
potential damage. By seeking our
services as early as possible, we will seek to apply for an interim injunction,
which is designed to halt any potential damage while the Court considers a
permanent employment injunction.
On what basis will the Court grant an employment injunction?
Applications for employment injunctions need to be
considered carefully, with a full understanding of the legal basis on which the
Court will make its assessment. They
will first want to see that your claim has veracity and is neither frivolous or
vexatious. The next criteria will be to establish
where the balance of convenience lies, and finally to determine if damages
alone would be sufficient in order to bring about a remedy for the matter in
other words, an injunction is not strictly required.
Assuming damages alone are considered insufficient,
the Court will also likely review the impact of any harm to the employer due to
the actual or potential breach, whether allowing the injunction will be
effective in the matter, the impact to the employee versus the employer if the
injunction is not granted, and whether a full trial is likely to be successful.
In addition, the Court may seek a cross-undertaking
from the employer, requiring them to compensate the employee should the
decision to grant the employment injunction be reversed at a later stage.
Seeking an employment injunction and High Court
litigation against an existing or former employee is a complex matter. In some cases, other legal options may be preferable
prior to or instead of an injunction.
Alternative dispute resolution may offer a favourable outcome without
the involvement of the Courts. Our
employment Solicitors are highly experienced in the area of employment
injunctions for employers and will be able to advise you on your options, and
the relative merits and disadvantages of each.
How Lavelle Partners can assist employers in relation to employment injunction and high court litigation
- Our team of employment law Solicitors, headed by Senior Partner, Marc Fitzgibbon, has been assisting employers for over 30 years in relation to employment injunction and high court litigation, and as a result, has developed a strong and enviable reputation nationally for achieving excellence in this area of law.
is a former member of the Law Society of Ireland’s Employment & Equality
Law Committee and European Employment Lawyers Association.
understand the need to ensure matters relating to employment injunctions and
litigation are carried out in full accordance with employment legislation and
best practice, thereby protecting your business or organisation from the threat
of a counter-claim and reputational damage.
Solicitors will work alongside your in-house or external HR team, ensuring that
the injunction process is handled efficiently and with the minimum of demands
on your resources.
can be assured your employment injunction matter will be handled with the
utmost of professionalism and confidentiality.
Our partnership with Talbot Pierce
Partners work with Talbot Pierce to provide a seamless service in respect of
Human Resource Management. Talbot Pierce
are a team of specialist HR professionals who work with us on a range of
matters including advice on and delivery of conflict/dispute resolution solutions,
best-practice HR strategies, policies and procedures.
information on employment injunction and High Court litigation in Ireland,
please contact Lavelle Partners in confidence on (01) 644 5800.