Employment Injunctions Flashcards
very limited circumstances where the courts will force a continuation of employment
Yap v Temple Street Hospital (2006) IR
Would amount to an indirect order of….
… specific performance
when an employee seeks to prevent dismissal - they are seeking a mandatory injunction
Bergin v Galway Clinic (2008) IR
ongoing relationship of trust and confidence
Moore v Xnet info Systems Ltd (2002) IRLM
Parties had the ‘highest regard for one another’
Fennelly v Assocurazoni Generali SPA (1985) HC
Made an order to pay P’s salary because without it he would have nothing to live on
Fennelly v Assocurazoni Generali SPA (1985) HC
trust & confidence had broken down- paid salary but did not reinstate
Courtenay v Radio 2000 Ltd (1997) IEHC
“where the defendants wish to avail of the plaintiff’s services is entirely a matter for them”
Phelan v BIC Ltd (1997) ELR
P would be left with nothing without salary- despite breakdown in relationship salary was paid
Shortt v Data Packaging Ltd (1997) ELR
P does not have to show a likelihood of destitution in order to obtain order to pay salary
Phelan v BIC Ltd (1997) ELR
where there is an issue which cannot be resolved at the interlocutory stage the court will not direct that the salary be paid
Yap v Temple Street Hospital (2006) IR
If they fail to establish a ‘strong case’
Nolan v Emo Oil (2009) ELR
Keenan v Iarnród Eireann (2010) IEHC
If P wanted to challenge the fairness of his dismissal he would have to do it through Unfair Dismissal Act
McGrath v AIT (2011) IEHC
Terms of the circular were ‘sufficiently precise and unconditional’ that they created a legitimate expectation of permanency of employment
Holland v AIT (2011) IEHC
Holland v AIT (2011) IEHC
Hogan J
