Carroll v Bus Atha Cliath/Dublin Bus [2005] IEHC 1 (27 January 2005)

Carroll v Bus Atha Cliath/Dublin Bus [2005] IEHC 1 (27 January 2005)

Interlocutory relief for return to work and salary is refused due to unresolved disputes regarding availability of suitable duties and lack of express contractual obligation; interlocutory injunction granted restraining disciplinary appeal hearing unless detailed particulars of allegations are provided and witnesses allowed unless medically unfit, to ensure compliance with principles of natural justice.

Citation
[2005] IEHC 1
Parties
Plaintiff: John Carroll; Defendant: Bus Atha Cliath/Dublin Bus
Jurisdiction
Ireland
Judgment Date
27 January 2005
Procedural Posture
Interlocutory Application / Interlocutory Judgment
Outcome
Interlocutory injunction partially granted
Legal Topics
Interlocutory Injunctions, Disciplinary Procedures, Contractual Terms, Custom and Practice, Natural Justice
Employment Law Labour Law Interlocutory Injunctions Disciplinary Procedures Contractual Terms Custom and Practice Natural Justice

Case Brief

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Parties

John Carroll

Plaintiff

Bus Atha Cliath/Dublin Bus

Defendant

Procedural Posture

Interlocutory Application / Interlocutory Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to interlocutory orders for payment of salary, return to work, and relief regarding disciplinary process
  2. 2 Whether the employer is obliged to provide suitable duties or alternative work
  3. 3 Whether disciplinary procedures comply with fair procedures and natural justice

Ratio Decidendi

Interlocutory relief for return to work and salary is refused due to unresolved disputes regarding availability of suitable duties and lack of express contractual obligation; interlocutory injunction granted restraining disciplinary appeal hearing unless detailed particulars of allegations are provided and witnesses allowed unless medically unfit, to ensure compliance with principles of natural justice.

Court Disposition

Interlocutory injunction partially granted

Orders

  • Interlocutory injunction restraining disciplinary appeal hearing unless detailed particulars of allegations are provided and witnesses allowed unless medically unfit.
  • No order for return to work or salary payment at interlocutory stage.