Garrahy v. Bord na gCon [2002] IEHC 147 (14 February 2002)

Garrahy v. Bord na gCon [2002] IEHC 147 (14 February 2002)

There is a fair issue to be tried as to whether the appointment of a full-time regulation manager would breach the plaintiff's contract or constitute victimisation. Damages would not be an adequate remedy as the harm to the plaintiff's position would be irreparable if the appointment proceeded. The balance of convenience favours preserving the status quo by restraining the defendant from further recruitment or appointment to the full-time position pending trial. Delay and bona fides do not preclude relief in the circumstances.

Citation
[2002] IEHC 147
Parties
Plaintiff: John Garrahy; Defendant: Bord na gCon
Jurisdiction
Ireland
Judgment Date
14 February 2002
Procedural Posture
Application for Interlocutory Injunction / Interlocutory (pre Trial)
Outcome
Interlocutory injunction granted
Legal Topics
Interlocutory Injunctions, Employment Contract Variation, Adequacy of Damages, Balance of Convenience, Quia Timet Injunctions, Mandatory Vs Prohibitory Injunctions, Delay and Bona Fides in Equitable Relief
Employment Law Injunctions Labour Law Interlocutory Injunctions Employment Contract Variation Adequacy of Damages Balance of Convenience Quia Timet Injunctions +2 more

Case Brief

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Parties

John Garrahy

Plaintiff

Bord na gCon

Defendant

Procedural Posture

Application for Interlocutory Injunction / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether the appointment of a full-time regulation manager constitutes a breach of the plaintiff's contract or a change in work practice
  2. 2 Whether the proposed appointment is a manifestation of victimisation, harassment, or an attempt to force the plaintiff out of employment
  3. 3 Whether damages are an adequate remedy

Ratio Decidendi

There is a fair issue to be tried as to whether the appointment of a full-time regulation manager would breach the plaintiff's contract or constitute victimisation. Damages would not be an adequate remedy as the harm to the plaintiff's position would be irreparable if the appointment proceeded. The balance of convenience favours preserving the status quo by restraining the defendant from further recruitment or appointment to the full-time position pending trial. Delay and bona fides do not preclude relief in the circumstances.

Court Disposition

Interlocutory injunction granted

Orders

  • Defendant restrained from any further recruitment process or appointment to the full-time regulation manager position pending trial or further order
  • Liberty to apply granted to both parties in the event of a significant change in circumstances