In Ireland, the use of employment injunctions is increasing, particularly in situations where an employee believes they have been wrongfully dismissed or unfairly treated. One such case involved Mr. Mark Ryan, an employee of ESB International, who was recently granted an injunction by the High Court to prevent his dismissal and require his employer to continue paying his wages.
Background Mr. Ryan had worked for ESB since 1992 and in 2009 he submitted 18 complaints of bullying against his line manager and HR manager. Despite an investigation, his complaints were ultimately found to be unfounded. However, the process had taken its toll on Mr. Ryan, and he made a comment about not "coming into work armed," which caused concern among his fellow employees. This led to a search warrant being issued for his home, and he was referred to a consultant psychiatrist, who found that he did not understand the seriousness of his comment.
Disciplinary Procedure ESB initiated a disciplinary procedure and suspended Mr. Ryan with pay pending the outcome. Due to his conduct throughout the process and the breakdown of trust and confidence in the employment relationship, he was summarily dismissed. However, the High Court found flaws in the investigation procedure and concluded that Mr. Ryan's complaints of bullying were not malicious or vexatious. Therefore, to attribute them as a reason for his dismissal was unfair.
High Court Injunction The High Court granted the injunction and required the employer to do the following:
- Restrained from terminating Mr. Ryan's employment pending a rehearing of the facts;
- Required to continue paying suspension pay;
- Restrained from refilling Mr. Ryan's role.
Conclusion Employers need to be aware of the possibility of an injunction being sought, particularly when the employee involved is on a substantial wage. If you are concerned about the possibility of an Employment Injunction or wish to ensure the fair procedure is followed in any situation, please contact the Peninsula Business Services 24-Hour Advice Line on 01 855 5050 and speak to one of our dedicated Employment Law Consultants.
