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
- 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.
is a former member of the Law Society of Ireland’s Employment & Equality
Law Committee and the European Employment Lawyers Association.
understand the impact of uncertainty around employment injunctions and will
handle your case with the utmost empathy and determination to protect your
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
information on employment injunctions in Ireland, please contact Lavelle
Partners in confidence on (01) 644 5800.