Lonergan v. Salter-Townshend [1999] IEHC 205 (9th February, 1999)

Lonergan v. Salter-Townshend [1999] IEHC 205 (9th February, 1999)

Plaintiff has established fair issues to be tried regarding employment status, probation, and entitlement to natural justice; damages are not an adequate remedy for loss of salary; interlocutory relief is justified to prevent irreparable harm, but reinstatement is not appropriate pending trial.

Citation
[1999] IEHC 205
Parties
Plaintiff: Dave Lonergan; Second Defendant: Irish Council of People with Disabilities; Representative Defendant: First Defendant; Funding Defendant: Third Defendant
Jurisdiction
Ireland
Procedural Posture
Interlocutory Application / Application for Interlocutory Relief Pending Trial
Outcome
Interlocutory injunction granted in part
Legal Topics
Interlocutory Injunctions, Probationary Employment, Consultancy Agreements, Natural Justice, Reinstatement, Adequacy of Damages
Employment Law Contract Law Interlocutory Injunctions Probationary Employment Consultancy Agreements Natural Justice Reinstatement Adequacy of Damages

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Parties

Dave Lonergan

Plaintiff

Irish Council of People with Disabilities

Second Defendant

First Defendant

Representative Defendant

Third Defendant

Funding Defendant

Procedural Posture

Interlocutory Application / Application for Interlocutory Relief Pending Trial

Legal Issues

  1. 1 Whether the Plaintiff was employed under a contract of employment or consultancy agreement
  2. 2 Whether the Plaintiff was a probationer and the legal consequences thereof
  3. 3 Whether the Plaintiff is entitled to invoke rules of natural or constitutional justice

Ratio Decidendi

Plaintiff has established fair issues to be tried regarding employment status, probation, and entitlement to natural justice; damages are not an adequate remedy for loss of salary; interlocutory relief is justified to prevent irreparable harm, but reinstatement is not appropriate pending trial.

Court Disposition

Interlocutory injunction granted in part

Orders

  • Second Defendant to continue paying Plaintiff's salary at pre-dismissal rate from 5th October; Third Defendant to ensure funding for salary payment.
  • Second and Third Defendants restrained from appointing any other person as CEO pending hearing.