How can I earn money with StudyBay? Top writers
Order Assignment
This order has already been completed on Studybay
On Studybay you can order your academic assignment from one of our 45000 professional writers. Hire your writer directly, without overpaying for agencies and affiliates! Check price for your assignment
8 bids submitted. Essay Example.

Interlocutory Employment Injunction in Ireland

When an employee is discharged, often the employee will sue for unreasonable discharge in the EAT. However, there are cases, when an employee will try to injunct the discharge in the High Court.

Starting from with Fennelly v. Assicurazoni Generali SPA on August, 13 1997, the High Court had shown a readiness to grant an interlocutory injunction to let a complainant to be paid salary pending the determination of the action. This became known as the Fennelly order. It still happens when the normal introductory order sought is the Fennelly order, as it is very difficult to get an order forcing the defendant to take the complainant back into the workplace.

The logic is that, if the employee is discharge for misbehavior but fair procedures were not committed, the court might interfere because the discharge has more serious consequences for the complainant like damage to reputation than the discharge associated with the redundancy or ill health.

The complainant may ask for a 'Fennelly order' at interlocutory stage and later at full hearing proving that the discharge was null and void. This would normally be without disadvantage to the employer investigating the business anew, this time as consistent with right procedures. In Carroll v Dublin Bus, the complainant was discharged for misconduct for reportedly being associated with union activities at a time when he was certified as unfit to work. The High Court made a statement at full hearing that the discharge was without contents on the basis that fair procedures had not been done. In particular the decision to discharge was made arising from a meeting the complainant didn’t attend.

In some cases, an employee may require injunct disciplinary procedures from continuing in cases where a decision to discharge has not been reached. Usually the introductory declaration sought will be that the defendant cannot keep on with the disciplinary hearing until fair procedures are complaisant with or the order might be more specific about what actions the employer must take to act in accordance with fair procedures. For example, this could arise where the complainant has not been informed with statements against him prior to the hearing.

In cases when an employee has been discharges for misconduct and fair procedures had not been committed it may well be that a High Court injunction will be intervened. The main advantage to the complainant is a faster resolution than is provided by the Employment Appeals Tribunal.

When an employee is discharged, often the employee will sue for unreasonable discharge in the EAT. However, there are cases, when an employee will try to injunct the discharge in the High Court.

Starting from with Fennelly v.

Related Materials
Assignment ID
100000554
Discipline
Type
CREATED ON
July 11, 2016
COMPLETED ON
July 12, 2016
Price
$8
This order has already been completed on Studybay
On Studybay you can order your academic assignment from one of our 45000 professional writers. Hire your writer directly, without overpaying for agencies and affiliates!
Check price for your Essay
Essay Example Comments
mohammedwahba931
December 9, 2016
mohammedwahba931
Very gentle work
ladycrow93
December 9, 2016
ladycrow93
Short one page, but quality work other wise.
Sam Wheeler
December 9, 2016
Sam Wheeler
Although I paid for 9 pages and only received 8 the paper is still tremendously well-written. I highly recommend hiring Kenny if you are considering using this websites' services.