CMA v K (Approved) [2023] IEHC 96 (02 March 2023)

CMA v K (Approved) [2023] IEHC 96 (02 March 2023)

The plaintiff failed to establish a strong case likely to succeed at trial on the issues of probation, fair procedures, or breach of public sector equality duty. The balance of convenience and adequacy of damages also do not support granting mandatory injunctive relief. Damages are an adequate remedy if the plaintiff succeeds at trial.

Citation
[2023] IEHC 96
Parties
Plaintiff: CMA; Defendant: K
Jurisdiction
Ireland
Judgment Date
02 March 2023
Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Outcome
Plaintiff's application for interlocutory injunction refused.
Legal Topics
Probationary Dismissal, Wrongful Dismissal, Injunctive Relief, Public Sector Equality Duty, Reasonable Accommodation, Payment in Lieu of Notice, Anonymity Order
Employment Law Contract Law Equality Law Probationary Dismissal Wrongful Dismissal Injunctive Relief Public Sector Equality Duty Reasonable Accommodation +2 more

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Parties

CMA

Plaintiff

K

Defendant

Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

  1. 1 Whether the plaintiff was dismissed during or after her probationary period
  2. 2 Whether the plaintiff is entitled to fair procedures in dismissal for performance during probation
  3. 3 Whether the defendant complied with its public sector equality duty under section 42 of the Irish Human Rights and Equality Commission Act 2014

Ratio Decidendi

The plaintiff failed to establish a strong case likely to succeed at trial on the issues of probation, fair procedures, or breach of public sector equality duty. The balance of convenience and adequacy of damages also do not support granting mandatory injunctive relief. Damages are an adequate remedy if the plaintiff succeeds at trial.

Court Disposition

Plaintiff's application for interlocutory injunction refused.

Orders

  • Plaintiff's motion for orders restraining termination, negative comments, and requiring continued payment refused.
  • Anonymity order granted under section 27 of the Civil Law (Miscellaneous Provisions) Act 2008.