Cribbin -v- PLC Ingredients Ltd & Anor [2012] IEHC 390 (03 October 2012)

Cribbin -v- PLC Ingredients Ltd & Anor [2012] IEHC 390 (03 October 2012)

The relief sought was not appropriate for interlocutory application as it would not maintain the status quo pending trial, and the plaintiff did not demonstrate a strong case that the employer acted wrongfully in terminating the investigator's appointment. The court would be departing from its equitable jurisdiction by granting the order.

Citation
[2012] IEHC 390
Parties
Plaintiff: Mark Cribbin; First Defendant: PLC Ingredients Limited; Second Defendant: Vincent O’Sullivan
Jurisdiction
Ireland
Judgment Date
03 October 2012
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction
Outcome
Application dismissed
Legal Topics
Interlocutory Injunctions, Disciplinary Procedures, Employment Suspension, Natural Justice, Contractual Obligations
Employment Law Contract Law Equity Interlocutory Injunctions Disciplinary Procedures Employment Suspension Natural Justice Contractual Obligations

Case Brief

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Parties

Mark Cribbin

Plaintiff

PLC Ingredients Limited

First Defendant

Vincent O’Sullivan

Second Defendant

Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction

Legal Issues

  1. 1 Whether the Court should grant an interlocutory injunction directing reinstatement of an independent investigator in an employment disciplinary process
  2. 2 Whether unilateral termination of the investigator's appointment by the employer was wrongful

Ratio Decidendi

The relief sought was not appropriate for interlocutory application as it would not maintain the status quo pending trial, and the plaintiff did not demonstrate a strong case that the employer acted wrongfully in terminating the investigator's appointment. The court would be departing from its equitable jurisdiction by granting the order.

Court Disposition

Application dismissed

Orders

  • Order dismissing the application for interlocutory injunction