Charlton v. Aga Khan's Studs Societe Civile [1998] IEHC 186 (22nd December, 1998)

There is a fair issue to be tried regarding both the propriety of the disciplinary enquiry and the Plaintiff's entitlement to sick pay; damages would not be an adequate remedy, and the balance of convenience favours granting interlocutory injunctions to restrain the enquiry and require payment of sick pay pending trial.

Citation: [1998] IEHC 186
Parties: Employee: Plaintiff; Employer: Defendant
Jurisdiction: Ireland
Procedural Posture: Plenary Summons / Interlocutory Application
Outcome: interlocutory injunctions granted
Legal Topics: Disciplinary Procedures, Natural Justice, Sick Pay, Interlocutory Injunction

Employment Law Equity Disciplinary Procedures Natural Justice Sick Pay Interlocutory Injunction

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Employee

Defendant

Employer

Procedural Posture

Plenary Summons / Interlocutory Application

Legal Issues

1 Whether the Defendant should be restrained from continuing a disciplinary enquiry against the Plaintiff
2 Whether the Defendant should be obliged to pay the Plaintiff sick pay and employment perquisites during her absence

Ratio Decidendi

Court Disposition

interlocutory injunctions granted

Orders

Defendant restrained from prosecuting disciplinary enquiry against Plaintiff pending trial
Defendant ordered to pay Plaintiff weekly sum equivalent to net salary less State disability benefit, subject to medical certification and compliance with Defendant's reasonable requirements