O'Brien v Aon Insurance Managers (Dublin) Ltd [2005] IEHC 3 (14 January 2005)

O'Brien v Aon Insurance Managers (Dublin) Ltd [2005] IEHC 3 (14 January 2005)

The court held that the plaintiff was not entitled to an interlocutory injunction restraining the disciplinary process, as the investigation report did not amount to a sanction and rights to fair procedures arise only at the formal disciplinary hearing. The court also found that the suspension was a reasonable interim measure pending investigation and there was no evidence of inappropriate delay by the employer.

Citation
[2005] IEHC 3
Parties
Plaintiff: Eamon O'Brien; Defendant: Aon Insurance Managers (Dublin) Limited
Jurisdiction
Ireland
Judgment Date
14 January 2005
Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Outcome
Application for interlocutory injunction refused
Legal Topics
Disciplinary Procedures, Suspension of Employee, Natural Justice, Fair Procedures, Injunctions
Employment Law Labour Law Disciplinary Procedures Suspension of Employee Natural Justice Fair Procedures Injunctions

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Parties

Eamon O'Brien

Plaintiff

Aon Insurance Managers (Dublin) Limited

Defendant

Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

  1. 1 Whether the plaintiff is entitled to an interlocutory injunction restraining disciplinary proceedings based on alleged procedural unfairness in the investigation
  2. 2 Whether the plaintiff is entitled to be reinstated to active duties pending the outcome of disciplinary proceedings

Ratio Decidendi

The court held that the plaintiff was not entitled to an interlocutory injunction restraining the disciplinary process, as the investigation report did not amount to a sanction and rights to fair procedures arise only at the formal disciplinary hearing. The court also found that the suspension was a reasonable interim measure pending investigation and there was no evidence of inappropriate delay by the employer.

Court Disposition

Application for interlocutory injunction refused