The Employment Injunction - Diluting the “Strong Threshold Test”

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