Injunctions to restrain a dismissal
When an employee is dismissed generally the employee will sue
for unfair dismissal in the EAT. However, there are circumstances
where an employee will attempt to injunct the dismissal in the High
Court.
Beginning with Fennelly v. Assicurazoni Generali SPA
(Unreported Ex tempore, (Costello P.) 13th August, 1997 the High
Court had shown a willingness to grant an interlocutory injunction
to allow a plaintiff to be paid salary pending the determination of
the action. This became known as the 'Fennelly order'. It
is still the case that the normal introductory order sought is the
'Fennelly order' – it is considered very difficult to
get an order compelling the defendant to take the plaintiff back
into the workplace.
