Employment legislation in Dublin Ireland provides that most employment law cases should be brought before a specific body such as the Employment Appeals Tribunal, the Labour Relations Commission or the Labour Court.
This can create difficulties for claimants, such as the following:
- Claimants must have been employed for 12 months to bring an unfair dismissal claim
- Claimants do not recover their legal costs before Tribunals
- There are significant delays in getting hearing dates and written decisions
In some instances, employees may be entitled to bring an injunction before the courts preventing their dismissal or reversing the decision to dismiss them. Unlike the Employment Appeals Tribunal, injunction proceedings are concluded within a number of weeks. For this reason, this avenue is often preferred by employees who have been dismissed or had their employment rights breached.
If you have been wrongfully dismissed, it is vital that you contact your employment law solicitor as soon as possible so that the option of an injunction is open to you.
Below are some examples of cases where we brought an employment injunction on behalf of our client:
Case Study 1
We acted for an employee who was employed by an international footwear retailer. She had left her previous position with another retailer and commenced working there after being promised a higher salary and rate of commission. Her new employer did not honour this agreement which she realised upon receipt of her wages. Despite raising this issue, her employer would not pay her the agreed salary and eventually she was dismissed for not accepting the reduced wage and commission. We issued High Court injunction proceedings against her employer calling upon them to reinstate our client at the agreed higher rate of pay. The matter settled within days of issuing proceedings. Our client was not reinstated but received compensation together with her legal costs.
Case Study 2
We represented a client who obtained employment in a pharmaceutical company through a recruitment agency. She was subsequently dismissed after returning from holiday. The recruitment agency advised her of her dismissal. She was told that the employer had several complaints with her work. She had never been advised by the employer or recruiter of there being any problems with her work. Our client’s contract of employment was with the recruitment agency and she was paid by the recruitment agency also. As a result, she did not think she had a claim against her employer. We advised her to bring injunction proceedings against both the recruiter and the employer. The case settled two weeks after we issued proceedings and our client received compensation for her wrongful dismissal and payment of her legal costs. Our client was delighted with the result as she was not eligible to bring an Unfair Dismissal claim as she had been employed for less than one year.
Case Study 3
We acted for an employee who was on a fixed term contract with a large Irish company. She fell pregnant a number of months before her contract was due to expire. After notifying her employer of her pregnancy her contract was terminated early. Our client was of the view that the reason for this termination solely related to her pregnancy. We brought an injunction before the Court to have her reinstated until her initial contract was due to expire. The case settled and our client received compensation for wrongful dismissal plus her legal costs.
If you would like to discuss an employment injunction, please contact Niall on 01 872 5255 or by email email@example.com