Brennan -v- Irish Pride Bakeries (In Receivership) [2017] IECA 107 (29 March 2017)

Brennan -v- Irish Pride Bakeries (In Receivership) [2017] IECA 107 (29 March 2017)

The respondent had a strong case that his employment was not validly terminated in accordance with his contract, and damages would not be an adequate remedy; the balance of convenience favoured granting the injunction and directing payment of salary, as the company continued to trade and pay other employees; the order did not interfere with statutory insolvency priorities.

Citation
[2017] IECA 107
Parties
Plaintiff/respondent: Conor Brennan; Defendant/appellant: Irish Pride Bakeries (in Receivership)
Jurisdiction
Ireland
Judgment Date
29 March 2017
Procedural Posture
Appeal Against Interlocutory Order / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Interlocutory Injunctions, Employment Termination, Redundancy, Receivership, Adequacy of Damages, Balance of Convenience, Payment of Salary During Injunction
Employment Law Insolvency Law Contract Law Interlocutory Injunctions Employment Termination Redundancy Receivership Adequacy of Damages +2 more

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Parties

Conor Brennan

Plaintiff/respondent

Irish Pride Bakeries (in Receivership)

Defendant/appellant

Procedural Posture

Appeal Against Interlocutory Order / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court was correct in granting an interlocutory injunction restraining the termination of the respondent's employment and directing payment of salary pending trial
  2. 2 Whether the respondent's claim was in substance a claim for damages for breach of contract
  3. 3 Whether damages were an adequate remedy for the respondent

Ratio Decidendi

The respondent had a strong case that his employment was not validly terminated in accordance with his contract, and damages would not be an adequate remedy; the balance of convenience favoured granting the injunction and directing payment of salary, as the company continued to trade and pay other employees; the order did not interfere with statutory insolvency priorities.

Court Disposition

Appeal dismissed

Orders

  • Interlocutory injunction restraining termination of employment affirmed
  • Order directing payment of salary to respondent affirmed