Courts / Ireland / Report

ESB claims employee has no right to silence over alleged corrupt payments questions

Summary

In a High Court hearing, the ESB seeks a declaration that an employee has breached his contract by refusing to answer questions about alleged corrupt payments from builders. The employee, an electrician who has worked for the ESB since 2017, denies wrongdoing and claims a right of silence because the matter is under Garda investigation. The ESB argues that the right of silence applies only to state inquiries, not to private disputes, and that the employee's refusal to answer constitutes a breach of contract, potentially ending his employment. The employee's counsel counters that the ESB has not initiated any disciplinary process and that dismissing him would be premature. The court is to decide whether the employee is entitled to a right of silence and whether the ESB can lawfully terminate his employment. The case also involves separate proceedings where the ESB seeks Norwich‑Pharmacal‑type orders against two construction firms to obtain information about alleged cash payments.

Who, what, where, when and why

What: Report matter: ESB claims employee has no right to silence over alleged corrupt payments questions. Procedural stage: hearing_or_decision

When:

• 2023-07-20 Publication

Why: At the High Court on Thursday lawyers representing the employee, an electrician with the ESB who denies any wrongdoing, said that as the matter is also the subject of an investigation by the Garda, he is entitled to a right of silence on the matter in order to avoid the prospect of self-incrimination. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report