The Employment Injunction - Diluting the “Strong Threshold Test”

Posted in : LK Shields on Employment Law on 14 November 2016
Ciara O'Kennedy
LK Shields
Issues covered:

In employment law, the threat of an injunction continues to be an important tool in the armoury of employees faced with potential disciplinary action or dismissal. 

If an employer fails to adhere to a fair, reasonable and transparent process in a disciplinary process or in the lead up to dismissal (for whatever reason), an aggrieved employee may successfully challenge the legitimacy of the process and be granted an injunction.  This will restrain the employer from giving effect to the purported disciplining and/or removal, pending a full trial.

An injunction application cannot be brought in isolation and must be brought as the initial step in a wrongful dismissal claim or breach

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This article is correct at 14/11/2016

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Ciara O'Kennedy
LK Shields

The main content of this article was provided by Ciara O'Kennedy. Contact telephone number is +353 1 661 0866 or email

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