Interim reinstatement of employees on the rise

By Harriet Eager

Employers are generally aware of the risk that a dismissed employee may file an adverse action claim against them. But how would an organisation handle the reinstatement of a dismissed employee while the matter is being heard?

The Minter Ellison employment team has noticed an increasing trend across numerous sectors, including tertiary education, towards the use of interlocutory injunctions, which are sought after a claim is commenced but before its resolution at final hearing.

In an employment context, applications for interlocutory injunctions are commonly initiated by employees seeking to prevent alleged adverse action or discrimination continuing, or by employers seeking to prohibit employees from working elsewhere in a restraint of trade matter…

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