Under Irish law, in specific circumstances, an employee can apply for an employment injunction to prevent dismissal or to be reinstated in their role. Typically, this applies where there has been a serious breach of the employees right to fair procedures, and due process, and where they have been or are about to be dismissed for misconduct.
What is an employment injunction?
In broad terms, an injunction is a legal tool which enables a Court to restrain a party from carrying out a specific act (or necessitating them to undertake a specific action).
In the context of employment, an injunction can be used to prevent your employer from taking a particular action (such as dismiss you), or to compel them to carry out a certain action (such as reinstate you) pending the hearing of your substantive claim.
On what basis may the Court uphold an application for an employment injunction?
There is no guarantee that a Court will accept your application for an employment injunction; however, the request may be granted where the dismissal is deemed:
- In disregard of the employees right to due process and fair procedures.
- A breach of a specific term of the employment contract
- Beyond the powers of the employer
This area of employment law can be highly complex, necessitating a robust knowledge of recent and historical employment case law, and of relevant legislation including the Unfair Dismissals Acts 1977-2015. If you are considering bringing an employment-related injunction, it is essential you seek expert legal guidance from a specialist in employment injunction and unfair dismissal law.
How Lavelle Partners can assist you in relation to Employment Injunctions in Ireland
- For over 30 years, our team of employment law Solicitors, headed by Senior Partner, Marc Fitzgibbon, have been providing legal expertise in relation to employment injunctions. Over that time, we have developed an enviable reputation for providing legal excellence and empathetic support for our valued clients.
- Marc is a former member of the Law Society of Ireland’s Employment & Equality Law Committee and the European Employment Lawyers Association.
- We understand the impact of uncertainty around employment injunctions and will handle your case with the utmost empathy and determination to protect your rights.
- From the first moment you speak to one of our employment law Solicitors, we will listen to your case carefully and advise you of your options in a clear and concise manner. Furthermore, we understand that injunctions need to be managed with the utmost confidentiality.
For further information on employment injunctions 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.