In Employment Law, it is common to bring an application to the Employment Appeals Tribunal or Rights Commissioner if you are incorrectly dismissed. In some extreme cases an application for an injunction will be brought to the High Court. This is because the Employment Appeals Tribunal (“EAT”) has no power to grant an injunction.
An injunction application is brought where the case is so extreme that it would lead to an injustice if the person was not immediately restored to their position or their job was not preserved. It is also an application that is considered when the impact on the person losing their job would be so severe. The High Court injunction is based on the common law grounds of wrongful dismissal. The High Court has a far wider jurisdiction to deal with the matter – it can grant an injunction until the full hearing – and the awards it can make in damages exceed the EAT.
However, the risks of bringing an action in the High Court also far outweigh the EAT. High Court costs can run into the tens or hundreds of thousands whereas in the EAT there is normally no award of costs. That means if you are unsuccessful in the High Court you can not only be left jobless but also face legal bills not only for your lawyers but also for the other party.