Employment Injunctions in Ireland: Stopping an Unlawful Dismissal in Its Tracks
In most employment disputes, the appropriate remedy is a claim to the Workplace Relations Commission after the dismissal has taken place. But in certain situations — where the dismissal itself is unlawful in a fundamental way — a court injunction preventing or reversing the dismissal may be available. Employment injunctions are urgent, expensive, and high-stakes. This guide explains when they arise and how they work.
What Is an Employment Injunction?
An injunction is a court order compelling a party to do something (a mandatory injunction) or preventing a party from doing something (a prohibitory injunction). In an employment context, the most common scenarios are: an interlocutory injunction preventing an employer from dismissing or suspending an employee pending a full trial; or an injunction compelling an employer to continue paying salary and benefits during a dispute.
When Is an Injunction Available in an Employment Dispute?
An injunction is not available in every employment dispute — the WRC is the primary forum for unfair dismissal claims. An injunction becomes available where the employment contract has been, or is about to be, breached in a way that renders the WRC remedy inadequate. Common scenarios include:
- A disciplinary or dismissal process that is so fundamentally procedurally unfair that it constitutes a breach of contract before any dismissal occurs
- An employer purporting to impose a unilateral change in terms and conditions that amounts to a repudiation of the contract
- A suspension without pay that is not contractually permitted
- A situation where the employee’s reputation will be irreparably damaged by the dismissal and damages alone would be an inadequate remedy
The Legal Test for an Injunction
To obtain an interlocutory injunction in the High Court, an employee must establish:
- A fair question to be tried: Is there a serious legal issue to be determined at trial? This is not a high bar at the interlocutory stage
- Balance of convenience: Would the harm to the employee of refusing the injunction outweigh the harm to the employer of granting it? This is often the critical question
- Adequacy of damages: Could damages adequately compensate the employee if the injunction is refused? Where the employment relationship is ongoing and the employee’s reputation is at stake, this often weighs in the employee’s favour
- Undertaking in damages: The employee must give an undertaking to pay the employer’s losses if the injunction is ultimately found to have been wrongly granted
Urgency — Act Immediately
Employment injunctions are emergency remedies. If you are facing an imminent dismissal you believe is unlawful, or have just been dismissed in circumstances that constitute a fundamental breach of contract, you must act within days — not weeks. The High Court can grant emergency injunctions on short notice, but delay in bringing the application significantly weakens your position.
Cost and Risk
High Court injunction applications are expensive — legal costs can be substantial. The undertaking in damages also means that if the injunction is later found to have been wrongly granted, you may be liable for the employer’s losses during the injunction period. Carefully consider the risk-benefit analysis with your solicitor before proceeding.
Facing an imminent unlawful dismissal? This is an emergency — act immediately. Read our guide to an urgent consultation with a solicitor of your choice with your solicitor today. Also see our unfair dismissal guide and protected disclosures guide.
This article is for informational purposes only and does not constitute legal advice.
