Mason v ILTB Ltd T/A Gillen Markets & Anor (Approved) [2021] IEHC 477 (08 July 2021)

Mason v ILTB Ltd T/A Gillen Markets & Anor (Approved) [2021] IEHC 477 (08 July 2021)

The plaintiff has demonstrated a strong case that the disciplinary process is irredeemably tainted by prior conclusions and breach of fair procedures, and that suspension or investigation would cause irreparable reputational harm. The balance of justice favours restraining the defendants from continuing the disciplinary process pending trial.

Citation
[2021] IEHC 477
Parties
Plaintiff: Rory Mason; First Defendant: ILTB Limited T/A Gillen Markets; Second Defendant: Dermot Browne
Jurisdiction
Ireland
Judgment Date
08 July 2021
Procedural Posture
Interlocutory Injunction Application / Interlocutory
Outcome
Interlocutory injunction granted
Legal Topics
Fair Procedures in Disciplinary Process, Interlocutory Injunctions, Suspension and Dismissal of Employees, Shareholder Rights, Reputational Damage
Employment Law Company Law Fair Procedures in Disciplinary Process Interlocutory Injunctions Suspension and Dismissal of Employees Shareholder Rights Reputational Damage

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Parties

Rory Mason

Plaintiff

ILTB Limited T/A Gillen Markets

First Defendant

Dermot Browne

Second Defendant

Procedural Posture

Interlocutory Injunction Application / Interlocutory

Legal Issues

  1. 1 Whether the plaintiff is entitled to interlocutory injunctions restraining the employer from disciplinary actions including dismissal and suspension
  2. 2 Whether the disciplinary process and proposed investigation are tainted by prior conclusions and breach of fair procedures
  3. 3 Adequacy of damages as remedy for reputational harm

Ratio Decidendi

The plaintiff has demonstrated a strong case that the disciplinary process is irredeemably tainted by prior conclusions and breach of fair procedures, and that suspension or investigation would cause irreparable reputational harm. The balance of justice favours restraining the defendants from continuing the disciplinary process pending trial.

Court Disposition

Interlocutory injunction granted

Orders

  • Defendants restrained from implementing purported dismissal of plaintiff
  • Defendants restrained from suspending plaintiff