High Court Grants GAMA injunction
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worker & community struggles and protests |
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Friday April 22, 2005 18:40
by jj
It seems that we may never be told the full story of what the state (belatedly and begrudgingly) found out from their investigations on GAMA. The High Court has decided that the report cannot be published. I bet that will come as a relief to some people in SIPTU HQ!
Remembering the balls-up that was made of the search on Brian Curtin's house, I find it somewhat disquieting that the investigation by the Dept. of Enterprise was done "unlawfully". It seems awfully convenient.
http://www.rte.ie/news/2005/0422/gama.html
Injunction granted over Gama report
22 April 2005 16:20
The High Court has granted an injunction preventing publication of a Department of Enterprise investigation into Gama Construction.
Lawyers for the company had claimed the report into allegations of the exploitation of Turkish workers was compiled unlawfully.
However, Mr Justice Peter Kelly has ruled that the report could be sent to any State agency with powers of prosecution.
He said the report could be forwarded to five entities including the Garda Fraud Squad, the Competition Authority, the Director of Corporate Enforcement, the National Immigration Bureau and the Revenue Commissioners.
Justice Kelly said the work of the Labour Inspectorate would not be hindered by a further short injunction.
He said there were some disquieting and unsatisfactory aspects of Gama's behaviour in dealing with the inspectorate.
But he said the company had raised a valid issue in its objection to the wider publication of the report.
The matter will come back before the High Court for a judicial review on Tuesday week.
Gama employees have been on a work stoppage for three weeks, claiming the company has systematically underpaid them.
The allegations were investigated by the inspectorate on the instruction of the Minister for Enterprise, Trade and Employment, Micheál Martin.
Comments (2 of 2)
Jump To Comment: 1 2The High Court has not found that the report was compiled unlawfully. It made no ruling on that issue at all.
GAMA got an interlocutary injunction, that means an injunction lasting only until the full trial of the matter. In this case that means lasting up until their judicial review case against the Labour inspectorate is heard. It's at that hearing that the Court will decide if the report was unlawfully compiled.
All the current decision means is that the Court felt that (a) there was an issue to be tried and (b) the balance of convenience lay with GAMA. In other words, allowing the release of the report pending the decision on its legality would do more damage to GAMA than refusing its release pending a final decision would do to the work of the labour inspectorate. The "convenience" of GAMA's workers is not to be considered as they aren't a party to the case.
This was a predictable decision. The interesting part is that the Judge is allowing the report to be sent to the Gardai, the revenue and any other state body with the power to prosecute.
Gama to stop paying 230 workers involved in dispute
23/04/2005
http://www.ireland.com/newspaper/front/2005/0423/1810604461HM1GAMA.html
Turkish workers in dispute with Gama Construction over pay and
conditions were told yesterday they are to be removed from its payroll
and asked to vacate their accommodation, writes Chris Dooley, Industry
and Employment Correspondent.
Siptu, the union representing most of Gama's 800 Turkish workers in
Ireland, described the development as "very sinister".
It has asked the Irish Congress of Trade Unions to convene a meeting of
all the company's unions on Monday to plan a co-ordinated response.
At least 230 Gama employees are affected by the move, including 130 for
whom the company says it has no work. It wants to repatriate them to
Turkey.
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