Termination of Employment

Causing Reputational Harm to an Employee’s Reputation
Injuncting Dismissals

In this three-part article our Donnacha T. Anhold will detail in brief what’s involved if an Employee wishes to injunct a dismissal of their employment.

The Employment Law Injunction continues to be a hugely significant feature in the law of dismissals or termination of an employee’s employment. One must always remember that an Injunction is what is known as “an equitable remedy” granted by the Court which is always and ever a matter at the discretion of the Court. There is no strict right or legislative right in the employment context which entitles a person to an Injunction. Whilst each case stands on its own facts it is effectively down to the individual Court on each individual application to use its discretion to grant an Injunction.

High Court Jurisprudence

There is a long list of case history in relation to when the Circuit Court or the High Court will grant and Injunction to restrain a dismissal. What is looked at is the type of circumstances that may satisfy what is best known as the “Strong Case Test” and whether the adequacy of damages is a feature of a case and the balance of convenience lies in favour of the employee to grant the Injunction restraining a dismissal or reputational harm.

The Strong Case Test

In general, in order to secure an Employment Injunction an Employee must reach the “Strong Case Test” threshold. Employment Injunctions are even more unique in that the type of relief sought is mandatory interlocutory relief ie, the Employer is being compelled to do something which creates in itself a higher threshold of the “Strong Case Test”. The Supreme Court rule established this in Maha Lingham -v- The HSE which set down the circumstances a Court must be satisfied in order to grant an Injunction to an Employee. The basic principal here is that it is necessary for the Employee to show that he or she has a strong case in order to obtain interlocutory or mandatory relief.

1. The main headings an employment injunction is normally sought is in circumstances whereby an employee seeks to restrain a dismissal from occurring
2. where there has been a breach of fair procedures within the employment setting
3. where there has been a breach of the employees constitutional rights
4. where the employee has suffered unjustifiably a financial loss
5. where the employee as a result of the employers actions has suffered reputational damage and
6. where there has been a breach of the employees entitlements.

These issues will be dealt with in the further of the second and third part of the three-part articles herein.

Should and of the above issues affect you and should you have any queries in relation to same please do not hesitate in contacting our office on 071-9162211 or emailing us on info@carteranhold.ie