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 sometimes 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 whereby:
- 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.
- Marc is a former member of the Law Society of Ireland’s Employment & Equality Law Committee and European Employment Lawyers Association.
- We 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.
- Our 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.
- You can be assured your employment injunction matter will be handled with the utmost of professionalism and confidentiality.
Our partnership with Talbot Pierce
Lavelle 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.
For further information on employment injunction and High Court litigation in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800*.
*Please note that fees apply to all consultations and advice cannot be given free of charge.