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Interlocutory Employment Injunction in Ireland


Disciplinary action will not be taken pending the outcome of the appeal. At the appeal the employee may be accompanied by a staff representative. The outcome of the appeal will be notified to the employee in writing and if it is decided to take disciplinary action it will be implemented at this stage.".
             Thus in the short period between the initial hearing and the employee's appeal there was not to be any disciplinary action taken against her. So, the key question now becomes: does the employee's administrative leave constitute disciplinary action? .
             .
             In answering this the distinction between a holding suspension and a punitive suspension is important. Barr J. outlines this distinction in Quirke v Bord Luthchleas na hEireann as follows: .
             "[S]uspension may take two different forms. On the one hand, it may be imposed as a holding operation pending the investigation of a complaint. Such a suspension does not imply that there has been a finding of any misbehaviour or breach of rules by the suspended person, but merely that an allegation of some such impropriety or misconduct has been made against the member in question. On the other hand, the suspension may be imposed not as a holding operation pending the outcome of an inquiry, but as a penalty by way on punishment of a member who has been found guilty of misconduct or breach of rules. The importance of the distinction is that where a suspension is imposed by way of punishment, it follows that the body in question has found it's guilty of significant misconduct or breach of rules.".
             Ms. Wallace's administrative leave clearly falls under the category of holding suspension, as opposed to a punitive suspension for disciplinary purposes. In case law following on from Quirke, the distinction has been accepted and injunctions have not been granted in relation to holding suspensions.


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