ARTICLE · 01 AUGUST 2012

HR Matters, July

Arthur Cox

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In HR Matters, the Arthur Cox Employment Law Group Newsletter, we look at a range of issues across our practice area and some recent and prospective developments in law.

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Employment Law Group

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Precautionary suspension

Following a recent High Court decision on an interlocutory application for an injunction, employers may wish to review the drafting of disciplinary clauses in their contracts of employment to see whether they give employees the right to remain in situ pending appeal against an adverse disciplinary decision. The plaintiff employee in Regina Wallace v Irish Aviation Authority [2012] IEHC 178 appealed a decision to dismiss her. When the employer proposed to place her on administrative leave with full pay pending the outcome of her appeal, she sought an interlocutory injunction restraining her employer from doing so. The employment agreement provided in relation to appeals that:

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