Employment Injunction Advice Guide

16 April 2019
See also "Injunction" - A court order requiring a person to whom it is made against to perform a particular action or to refrain from performing a particular action. By and large, injunctions in an employment context are awarded to prevent an employer from dismissing an employee. This may occur after the actual dismissal has occurred or before the employer has reached the decision to dismiss and such injunctions are normally granted on the basis that the disciplinary or decision making process was flawed or inherently unfair. However, such injunctions are not just confined to dismissal scenarios and injunctions have, for example, been granted in order to require an employer to pay sick pay and to require an employer to take an employee off suspension. Generally speaking, for an injunction to be granted the court has to be satisfied that the employee has a strong case, that damages/compensation would not be an adequate remedy in the circumstances and that the balance of convenience favours granting an injunction. These principles will be applied strictly by the courts as they are generally reluctant to require an employer and employee to work together when there has been a serious breakdown in the employment relationship.

Suggested Resources