Courts / Dublin / Report

Seizure of documents by Clerys inspectors "wholly unlawful", High Court told

Date
2016-07-14
Stage
Hearing Or Decision
Primary locality
Dublin
County
Dublin

Summary

In a High Court hearing on 14 July 2016, Ms. Deirdre Foley and D2 Private challenged the seizure of privileged and confidential documents by inspectors from the Workplace Relations Commission (WRC). The inspectors had entered D2's Harcourt Terrace office in May 2016, following the 12 June 2015 redundancies at Clerys Department Store, and removed a laptop and various documents, including invoices. Foley argued the inspectors had no lawful authority to enter the premises or seize materials, citing the 1977 Protection of Employment Act and the 2015 Workplace Relations Act. She claimed the seized laptop contained privileged, highly confidential data and that a forensic copy of its contents had been retained. The WRC and inspectors maintained that their actions were within statutory powers and served the public interest. Judge Michael Twomey reserved judgment, to be delivered later.

Who, what, where, when and why

What: Report matter: Seizure of documents by Clerys inspectors "wholly unlawful", High Court told. Procedural stage: hearing_or_decision

When:

Why: Counsel said the inspector's belief they could enter the premises of company that was not the employer of the Clerys workers and demand the production of materials merely because it was a place where persons are employed is not something they are lawfully entitled to do. CNI source report

Places mentioned

Secondary Mention
Court Venue
  • High Court
  • Harcourt Terrace

Topics

Stage Hearing Or Decision

Related court reports

Read the original CNI report

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