Category: Employment Injunctions
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Employee on probation granted injunction preventing the appointment of another person to her position
The recent High Court decision in the case of Anna Buttimer and Oak Fuel Supermarket Limited Trading as Costcutter Rathcormac deals with the question of termination of employment during the probation period. In this case Anna Buttimer sought a High Court injunction preventing her employer from terminating her employment, stopping the employer from replacing her…
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Court of Appeal dismisses Enoch Burke’s appeal-decisions of the 3 Judges
Here is the decision of the President of the Court of Appeal in the Enoch Burke appeal of two High Court decisions in the The Board of Management of Wilson’s Hospital School and Enoch Burke. Here is the decision of J. Whelan. Here is the decision of J. Edwards. Summary This case is not about…
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Court of Appeal overturns High Court decision in dismissal of employee on probation case
A recent High Court decision in an employment case involving an employee who was dismissed on probation appeared to be a ‘game changer’. It seemed to be a decision of profound, and alarming, significance. In a case-O’Donovan v Over-C Technology-the CFO (chief financial officer) was successful in his application to the High Court for an…
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High Court Orders 6 Months’ Salary Payment In Probation Dismissal Case
The High Court has issued a decision in a case involving a dismissal from the employment during probation that should be a warning for employers. Background Donal O’Donovan, the chief financial officer (CFO), was dismissed in January 2020 by Over-C Technology, his employer, and confirmed this decision 10 days later. Mr O’Donovan issued High Court…
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Board of Management Decision Quashed for Failure to Give Reasons for Dismissal of School Principal
This school principal went to the High Court to seek an order quashing the decision by the Board of Management of a national school from terminating her employment as a school principal and teacher. The allegations against the school principal involved allegations of inappropriate behaviour towards two pupils, made against her by a special needs…