D2 Private Clerys challenge adjourned by High Court

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

D2 Private Ltd and its director and owner Deidre Foley brought a High Court challenge to powers used in the investigation into Clerys workers’ collective redundancies. The proceedings were reported on 20 May 2016.

Inspectors appointed by the Workplace Relations Commission and members of An Garda Síochána entered the firm’s offices at Harcourt Terrace, Dublin, on 19 May 2016. Inspectors demanded an employee’s laptop and certain books and records. The report confirmed that the laptop was taken.

Mr Justice Anthony Hunt heard that the inspectors relied on provisions of the 1977 Protection of Employment Act and the 2015 Workplace Relations Act, including powers to enter premises and seize documents.

The applicants sought to quash the requirement to hand over materials, a declaration that the investigatory powers were being used unlawfully and outside their scope, and the laptop’s return.

Their counsel, Eoin McCullough SC, argued that inspectors could only enter premises and take documents from premises relevant to their investigation. He said the documents and computer material were outside its remit, there was no valid basis for taking them, and there were concerns about commercially sensitive information. The report said Deidre Foley and D2 Private Ltd had never employed or had any connection with the Clerys workers.

Breffni Gordon, for the Minister for Jobs, Enterprise and Innovation, said the Minister opposed the application. He said the investigation would determine whether a criminal prosecution should be brought over the collective redundancies.

Mr Justice Anthony Hunt adjourned the case to Monday. He accepted an undertaking that a solicitor for the Department would keep the laptop without interference pending further court order. Separately, he granted an injunction preventing any party from using material downloaded from it.

This case may have concluded differently. The outcome has not yet been confirmed by a public source we could find.