Removal of an Executive Director from Employment

Removal of an Executive Director from Employment and the Increasing Threat of the Employment Injunction.

The threat of an injunction is re-emerging as an important tool in the armoury of executive directors faced with potential disciplinary action or dismissal. If an employer fails to adhere to a fair, reasonable and transparent process in the lead up to the termination of an executive director’s employment (for whatever reason)–an aggrieved executive director may successfully challenge the legitimacy of the process and be granted an injunction restraining an employer from giving effect to his/her purported disciplining and/or removal pending a full trial. An injunction application cannot be