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High Court, in a dispute centered on whether the plaintiff had in fact resigned from his employment, grants injunctions prohibiting the appointment of any person to the position of paramedic supervisor at the National Ambulance Service, save on terms that will preserve the plaintiff’s contractual entitlements in the event of the plaintiff being successful, and an injunction directing the defendant to pay to the plaintiff all salary and other benefits to which he is entitled, on the grounds that the plaintiff has satisfied the court that damages would not be an adequate remedy, and that the balance of convenience rests in favour of granting the injunction.
Injunctions – employment law - interim injunction granted prohibiting the appointment any person to the position of Paramedic Supervisor at the National Ambulance Service Loughlinstown County Dublin save on terms that will preserve the Plaintiff’s contractual entitlements in the event of the Plaintiff being successful - whether the plaintiff is employed in the position of Paramedic Supervisor at the NAS at Loughlinstown Station on foot of his contract of employment dated March 2019, whether by contract, equity and/or legitimate expectation - dispute regarding the application of the relevant legislation and procedures to the circumstances of the plaintiff’s claim - burden of proof to be applied – meets the strong case test – adequacy of damages - Court accepts that while the plaintiff could recover damages for estimated loss of earnings and other pecuniary losses claimed, damages alone would not address the plaintiff’s stress and disappointment at losing his position as Paramedic Supervisor in Loughlinstown Station were that role to be unavailable to him although successful at trial - balance of convenience - balance of convenience rests in favour of granting an interlocutory injunction – injunctions granted.
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.
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