Wallace -v- Irish Aviation Authority [2012] IEHC 178 (18 May 2012)

Wallace -v- Irish Aviation Authority [2012] IEHC 178 (18 May 2012)

The contractual clause entitles the employee to remain in position pending appeal against a disciplinary decision; placing Ms. Wallace on administrative leave pending appeal constitutes disciplinary action within the meaning of the contract. Given the strength of the plaintiff's case and the inadequacy of damages as...

Source-derived case information.

Citation
[2012] IEHC 178
Parties
Plaintiff: Regina Wallace; Respondent: Irish Aviation Authority
Jurisdiction
Ireland
Judgment Date
18 May 2012
Procedural Posture
Interlocutory Injunction / Judgment on Application for Interlocutory Injunction
Outcome
interlocutory injunction granted
Legal Topics
Disciplinary Procedures, Interlocutory Injunctions, Specific Enforcement of Employment Contracts, Mandatory Injunctions
Employment Law Contract Law Disciplinary Procedures Interlocutory Injunctions Specific Enforcement of Employment Contracts Mandatory Injunctions

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Summary, issues, holding and outcome

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Parties

Regina Wallace

Plaintiff

Irish Aviation Authority

Respondent

Procedural Posture

Interlocutory Injunction / Judgment on Application for Interlocutory Injunction

Legal Issues

  1. 1 Whether placing the plaintiff on administrative leave pending appeal constitutes 'disciplinary action' under the employment contract
  2. 2 Whether a mandatory interlocutory injunction specifically enforcing a contract of employment should be granted

Ratio Decidendi

The contractual clause entitles the employee to remain in position pending appeal against a disciplinary decision; placing Ms. Wallace on administrative leave pending appeal constitutes disciplinary action within the meaning of the contract. Given the strength of the plaintiff's case and the inadequacy of damages as a remedy, the court grants a mandatory interlocutory injunction restraining the Authority from placing her on administrative leave.

Court Disposition

interlocutory injunction granted

Orders

  • The Irish Aviation Authority is restrained from placing Regina Wallace on administrative leave pending the outcome of her appeal against the disciplinary decision of 2nd April, 2012.