Courts / Dublin / Report
Challenge to striking out of Clerys redundancy charges
Summary
In a High Court case, the Minister for Employment Affairs and Social Protection seeks to overturn a District Court decision that struck out charges against Deidre Foley, Mark Redmond, and OCS Operations Ltd. The charges related to alleged breaches of the Protection of Employment Act following Clerys' closure in June 2015, which left 460 employees, including 134 from OCS Operations, redundant. Judge John Brennan dismissed the charges, citing the prosecution's failure to comply with a disclosure order and the risk of delaying the defendants' right to a fair and expeditious trial. The Minister argues that the District Judge failed to balance public interest with the risk of an unfair trial, that the striking‑out order was disproportionate and unjust, and that the Minister had fully complied with disclosure duties. Mr. Padraig O'Dwyer and Breffni Gordon‑Blachly have applied to Mr.
Who, what, where, when and why
What: Report matter: Challenge to striking out of Clerys redundancy charges. Procedural stage: finding. Findings: Struck out
When:
- June 2015 Adjournment
- 2018-04-23 Publication
Case subjects
Respondent
Finding: Struck out
Outcome: Struck out; Mr Justice Noonan, after granting leave to the Minister, on an ex-parte basis, adjourned the matter to a date in June.
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