July 6, 2020
Data Protection – the Return to Work Safely Protocol
When the Return to Work Safely Protocol was published in May, we outlined the main considerations for employers. You can read this piece here. In this piece, we outlined that...
Employment Injunction and High Court Litigation
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:
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.
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.
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.
Contact our office
Make an enquiry