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 Injunctions for Employees
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.
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.
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:
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.
For further information on employment injunctions in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.
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