Gallagher -v- Certus [2013] IEHC 621 (17 September 2013)

Gallagher -v- Certus [2013] IEHC 621 (17 September 2013)

The balance of convenience favours the plaintiff as the current process is sufficiently flawed that irreparable harm could result if it continues. Damages would not be an adequate remedy. The defendant is restrained from making findings of fact regarding the plaintiff's alleged engagement in other remunerative occupation in advance of a full disciplinary hearing, but may continue to gather evidence.

Citation
[2013] IEHC 621
Parties
Plaintiff: Rosemarie Gallagher; Defendant: Certus
Jurisdiction
Ireland
Judgment Date
17 September 2013
Procedural Posture
Plenary Summons / Interlocutory Injunction Application
Outcome
Interlocutory injunction granted in amended form
Legal Topics
Interlocutory Injunctions, Disciplinary Procedures, Employment Contracts, Disability Benefits, Natural Justice
Employment Law Contract Law Insurance Law Interlocutory Injunctions Disciplinary Procedures Employment Contracts Disability Benefits Natural Justice

Case Brief

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Parties

Rosemarie Gallagher

Plaintiff

Certus

Defendant

Procedural Posture

Plenary Summons / Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the employer's fact-finding investigation and potential disciplinary process are sufficiently flawed to warrant interlocutory injunctive relief
  2. 2 Whether the plaintiff is entitled to restrain the employer from making findings of fact regarding her alleged engagement in other remunerative occupation
  3. 3 Whether the employer is entitled to rely on updated contractual documentation and insurance policy terms against the plaintiff

Ratio Decidendi

The balance of convenience favours the plaintiff as the current process is sufficiently flawed that irreparable harm could result if it continues. Damages would not be an adequate remedy. The defendant is restrained from making findings of fact regarding the plaintiff's alleged engagement in other remunerative occupation in advance of a full disciplinary hearing, but may continue to gather evidence.

Court Disposition

Interlocutory injunction granted in amended form

Orders

  • Order restraining the defendant, pending full hearing, from making any findings, conclusions of fact, or determination in respect of the plaintiff following any other occupation or occupation for remuneration or profit, in advance of a full disciplinary hearing, but not precluding the defendant from gathering...