Davis v. Walshe [2002] IEHC 31 (14th May, 2002)

Davis v. Walshe [2002] IEHC 31 (14th May, 2002)

Damages are an adequate remedy for the Applicant's alleged wrongful dismissal, and equitable relief (injunction) cannot be granted in the absence of a substantive claim for wrongful dismissal. The Applicant is not entitled to the interlocutory relief sought.

Citation
[2002] IEHC 31
Parties
Applicant: Applicant; Defendant: First Named Defendant; Defendant: Second Named Defendant
Jurisdiction
Ireland
Procedural Posture
Employment Injunction Application / Interlocutory Application for Injunction
Outcome
Application for interlocutory injunction refused
Legal Topics
Interlocutory Injunctions, Wrongful Dismissal, Natural Justice, Adequacy of Damages, Shareholding Disputes
Employment Law Equity Interlocutory Injunctions Wrongful Dismissal Natural Justice Adequacy of Damages Shareholding Disputes

Case Brief

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Parties

Applicant

Applicant

First Named Defendant

Defendant

Second Named Defendant

Defendant

Procedural Posture

Employment Injunction Application / Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether the Applicant is entitled to interlocutory injunctive relief restraining dismissal or suspension from employment
  2. 2 Whether damages are an adequate remedy for the Applicant
  3. 3 Whether the Applicant has a right to equitable relief in the absence of a claim for wrongful dismissal

Ratio Decidendi

Damages are an adequate remedy for the Applicant's alleged wrongful dismissal, and equitable relief (injunction) cannot be granted in the absence of a substantive claim for wrongful dismissal. The Applicant is not entitled to the interlocutory relief sought.

Court Disposition

Application for interlocutory injunction refused