Courts / Dublin / Report

Challenge to Clerys investigation is dismissed

Summary

The High Court has dismissed a challenge brought by Investment Company D2 Private Ltd and its director, Deidre Foley, against powers used by inspectors investigating collective redundancies at Clery's Department Store. Mr Justice Michael Twomey ruled that the court did not see any basis for interfering with the investigation conducted by inspectors appointed by the Workplace Relations Commission. The inspectors had entered D2's offices at Harcourt Terrace Dublin in May, removing items including a laptop and documents, following the loss of 460 jobs in June 2015. Ms Foley and D2 argued the seizure was unlawful and that they were not the employers of the redundant workers. The judge stated that the threshold for judicial interference in State investigations is exceptionally high and had not been met. He clarified that the case did not determine the admissibility of evidence or liability for alleged offences, noting that such arguments should be raised in a criminal trial if one proceeds. The court declined to order the return of the seized materials or award damages. The matter was adjourned to November 8th.

Who, what, where, when and why

What: Report matter: Challenge to Clerys investigation is dismissed. Procedural stage: hearing_or_decision

When:

• June 12th 2015 Other
• November 8th Adjournment
• 2016-10-25 Publication

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report