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Woman's bid to prevent dismissal from employment is rejected by High Court

Summary

In a High Court decision on 3 March 2023, Ms Justice Eileen Roberts dismissed a woman's application for an injunction that would have prevented her public‑sector employer from terminating her contract. The woman, whose identity is protected because of a medical condition, had worked for the entity for less than a year and had sued for wrongful dismissal and breach of contract. She sought an injunction to restrain the termination, to keep the employer from commenting on her performance, and to require continued payment of salary, benefits and pension. The court found that she had not presented arguments strong enough to succeed at a full trial, and that the injunction would be inappropriate at this stage. The judge noted the employer's claim that dismissal occurred within the probationary period and that the woman's performance was unacceptable. The court also granted reporting restrictions to protect the woman's anonymity, and the case will be heard again at a later date.

Who, what, where, when and why

What: Report matter: Woman's bid to prevent dismissal from employment is rejected by High Court. Procedural stage: hearing_or_decision

When:

• 2023-03-03 Publication

Why: She argued that the decision to dismiss her was unlawful because the defendant had failed to have any regard to its public sector equality duty as required under the 2014 Irish Human Rights and Equality Commission Act. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report