Probationary Dismissals And Fair Procedures: High Court Grants Injunctive Relief

• Jurisdiction: Ireland
• Author: Ms Louise O'Byrne and Aisling Kerins
• Law Firm: Arthur Cox
• Published date: 19 May 2023

In a recent decision, Buttimer v Oak Fuel Supermarket Limited Trading as Costcutter Rathcormac [2023] IEHC 126, the High Court granted two interlocutory orders restraining an employer from: (i) appointing another person to fill a role left vacant following a disputed dismissal, and (ii) publishing or communicating to any party that the employee was no longer employed, pending the outcome of the full trial.

The employee was employed as Store Manager in the employer's fuel station for a period of approximately two months. Following her dismissal the employee issued proceedings seeking a series of interlocutory orders restraining her employers from;

1. treating her as other than employed or continuing to be employer by them;
2. appointing another person in her position;
3. terminating her contract of employment other than in accordance with her legal entitlement;
4. communicating to any other party that she is no longer employed by them; and
5. requiring her employer to pay her salary.

Under the terms of her employment contract, the employee was subject to a probationary period of six months. During this probationary period, she could be dismissed without cause on one week's notice. Within two weeks of her start date...