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High Court, upon application by an employee who returned to work after maternity leave and was told she would not be given her former position, refuses to grant an injunction returning her to that position, on the grounds that: 1) the court should not make findings of fact in an interlocutory hearing; and 2) the plaintiff did not show that she had a sufficiently strong case that would be likely to succeed at hearing; and 3) the Workplace Relations Commission will be the more appropriate forum for a dispute such as this.
Plaintiff seeks, inter alia, an interlocutory injunction requiring the defendant to permit her to resume position with the defendant company - plaintiff returned to work after maternity leave on 9th January 2017 and was advised by the financial director she would not be returning to her former post - plaintiff was then offered a position in sales - on 20 January 2017 she went to see her doctor and was advised by her doctor not to return to work in the interests of her mental health - plaintiff has not been work since that date - court should not seek to resolve contested issues of fact in an application for an interlocutory injunction - plaintiff failed to convince the court that she has sufficiently strong case that is likely to succeed at the hearing of the action - more appropriate forum the resolution of this matter is the Workplace Relations Commission.
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