Clerys inspectors opposed challenge over seized redundancy files

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Workplace Relations Commission inspectors opposed a High Court challenge by D2 Private and Deirdre Foley concerning their powers. The inspectors had seized documents and a laptop computer from D2’s offices in May. The case was before Judge Michael Twomey. The proceedings were reported on 13 July 2016.

The investigation concerned the collective redundancies of Clerys’ 460 workers in June 2015. The report said a directors’ pack containing company financial information and workers’ personal details was one reason inspectors sought documents. Those details included names, dates of birth, service, holiday entitlements and earnings.

Shane Murphy SC, representing the WRC and inspectors, said inspectors attended after learning of the pack. He said a document in it carried a watermark linking it to D2 Private. He argued that the investigators had acted lawfully and within their remit.

D2 Private and Deirdre Foley said neither they nor Natrium had ever employed the workers. They alleged that inspectors exceeded their remit and were not entitled to take materials they said included privileged and confidential information. They also disputed reliance on the 1977 Protection of Employment Act and the 2015 Workplace Relations Act to justify taking documents.

The applicants sought orders including the return of the materials and damages for alleged misfeasance in public office and breach of privacy. Natrium, a notice party, supported the application.

The hearing was continuing.