Stay placed on claim for workplace bullying pending outcome of hearing in Employment Appeals Tribunal

Employment law – parallel Employment Appeals Tribunal (EAT) claim and personal injuries claim – jurisdiction of High Court – jurisdiction re wrongful dismissal claims - personal injuries claim against employer re bullying and harassment – no injunctive relief sought – no claim for wrongful dismissal pleaded – plenary summons served before employment contract discharged - whether plaintiff should have applied to PIAB for authorisation before initiating claim – ss.3 and 4 PIAB Act 2003 – jurisdiction of court to deal with claim if no application made to PIAB – intention of plaintiff at time of initiation of proceedings – facts still evolving at time writ issued – cause of action not yet crystallized as one confined to damages – probable intention of plaintiff at time of commencement had been to pursue remedies by way of injunction – plaintiff’s situation outside the scope of s.3 – interpretation of s.4 including phrase ‘intended to be pursued’ – court has jurisdiction to deal with claim – whether plaintiff can bring parallel claims in EAT and High Court – s.15 Unfair Dismissals Act 1977 – choice between claim at common law and claim under Unfair Dismissals legislation – whether claim distinguishable from Parsons v. Iarnród Eireann [1997] 2 I.R. 523 re choice of claims – no plea of wrongful dismissal – whether facts of EAT claim and High Court claim are separate and severable – double recovery prohibited – case management by court may be required re precise identification of claim to EAT and claim to High Court – plaintiff allowed to proceed before EAT and before High Court – stay on High Court claim pending EAT determination re issue of financial loss (if any) caused by plaintiff’s alleged dismissal – plaintiff not entitled to pursue any wrongful dismissal claim in High Court – consideration of O19 R27 RSC re pleading of material facts: deletion of part of statement of claim – proceedings not inherently frivolous, vexatious or an abuse of process.