High Court Rules That Disciplinary Process Should Proceed, But Lifts Plaintiff’s Suspension

In Amanda Hennigan v An Comisiún Le Rincí Gaelacha [2023] IEHC 87, the Plaintiff applied to the High Court for an interlocutory injunction restraining the Respondent from pursuing disciplinary proceedings against her. The High Court refused her injunction application, but granted her application to lift the suspension imposed on her pending the outcome of the disciplinary proceedings. Although in this case the Plaintiff was not an employee of the Defendant, the decision is nevertheless of relevance to injunction applications in an employment context. In particular, it highlights the need for employers to exercise caution in suspending employees in the context of a disciplinary process, which is the focus of this article.

Facts: The Plaintiff is an Irish dancing teacher and adjudicator of Irish dancing competitions. She owns and runs a dance school in England. The Defendant, An Comisiún Le Rincí Gaelacha (“CLRG”), is the primary accreditation body for Irish dancing and runs and regulates Irish dancing competitions both nationally and internationally.

The Plaintiff is registered with the Defendant as a teacher and adjudicator and her contractual relationship with the Defendant is governed by the following:

• CLRG Code of Conduct implemented on 11^th December 2016
• Rules for Teachers and Adjudicators dated 1^st January 2020
• A Discipline Procedures document dated 20^th January 2021.

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