Kearney v Byrne Wallace [2019] IECA 206 (23 July 2019)

Kearney v Byrne Wallace [2019] IECA 206 (23 July 2019)

The statutory regimes for unfair dismissal and redundancy provide exclusive remedies for disputes arising from redundancy dismissals; absent breach of an express contractual term, the courts have no jurisdiction to grant injunctive relief. The appellant failed to establish a strong case that his claim is recognised at common law, and Nolan v. Emo Oil Services Ltd is binding authority.

Citation
[2019] IECA 206
Parties
Plaintiff/appellant: Laurence Kearney; Defendant/respondent: Byrne Wallace
Jurisdiction
Ireland
Judgment Date
23 July 2019
Procedural Posture
Appeal / Judgment on Interlocutory Injunction Appeal
Outcome
appeal dismissed
Legal Topics
Redundancy, Unfair Dismissal, Injunctive Relief, Implied Contractual Terms
Employment Law Redundancy Unfair Dismissal Injunctive Relief Implied Contractual Terms

Case Brief

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Parties

Laurence Kearney

Plaintiff/appellant

Byrne Wallace

Defendant/respondent

Procedural Posture

Appeal / Judgment on Interlocutory Injunction Appeal

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant an interlocutory injunction restraining dismissal based on redundancy
  2. 2 Whether the appellant's claim falls within common law or must be pursued under statutory schemes
  3. 3 Whether implied terms of mutual trust and good faith in employment contracts can ground injunctive relief

Ratio Decidendi

The statutory regimes for unfair dismissal and redundancy provide exclusive remedies for disputes arising from redundancy dismissals; absent breach of an express contractual term, the courts have no jurisdiction to grant injunctive relief. The appellant failed to establish a strong case that his claim is recognised at common law, and Nolan v. Emo Oil Services Ltd is binding authority.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; interlocutory injunction refused.