Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Court has no jurisdiction to make interlocutory orders in statutory employment claim pending before Workplace Relations Commission
|
or click here to request site subscription to search and view all judgments |
High Court refuses application for interlocutory injunctive reliefs sought by applicant Chief Executive Officer of respondent seeking orders maintaining his position and salary with the respondent pending the determination of his statutory-based claim to a contract of indefinite duration under fixed-term employment legislation, on the grounds that it has no jurisdiction to make the orders sought in circumstances where: (1) it cannot adjudicate on the merits of the substance claim as it will not be the body to determine dispute; and (2) there is no inherent jurisdiction to supplement the statutory remedies made available by the Oireachtas to tribunals such as the Workplace Relations Commission.
Application for injunctions - pending claim of entitlement to contract of indefinite duration in respect of role of Chief Executive Officer before the Workplace Relations Commission - application to be kept in post, on salary and to prevent appointment of replacement - background to applicant's employment - orders sought so that applicant will have an effective and meaningful opportunity to pursue statutory claim - court's jurisdiction to make orders sought - whether claim bound to bail - whether an unwarranted intrusion into employment relationship - interim nature of role - balance of convenience - applicable statutory framework on fixed term contracts - interlocutory - efficacy of decision of statutory tribunal - nature of interlocutory injunctive relief - applicable test to be applied - High Court no jurisdiction to decide substance of statutory claim - remedies sought of a statutory nature in substance claim - wrong for court to act on basis of assumptions regarding applicant's substantive claim - inability of Labour Court to grant interim relief should not be addressed by High Court in absence of statutory regime - defendant's undertaking - adequately compensated by award of damages or reinstatement - balance of convenience or necessity overwhelmingly against making of orders sought - acquiescence and delay - application refused.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
