The full hearing of Gama's High Court application to halt the publication of a Department of Enterprise inspector's report on allegations that Turkish workers were underpaid in breach of employment agreements and the national minimum wage began yesterday.
Last month the High Court allowed a limited release to a number of parties, including the Fraud Squad, Revenue and the DPP, of the findings of the investigation by Edward Nolan, head of the labour inspectorate of the Department of Enterprise and Employment.
Mr Justice Peter Kelly two weeks ago granted a limited injunction to Gama Industri Tesisleri Imalat Montag AS and Gama Construction Ireland Ltd restraining general publication pending the outcome of the proceedings which began yesterday. Both are contesting the Minister's entitlement to direct an investigation into the allegations against them.
Yesterday Donal O'Donnell SC, for Gama Construction Ireland, said the department's inspector was appointed under the Industrial Relations Act, and the statutory code involved did not expressly authorise the preparation of the report or its publication.
The statutory code could not be said to imply such a power. Publication was not permitted under the relevant statutes.
He said that in February Joe Higgins TD made allegations concerning the two companies. The inspector was asked to exercise his power under the Industrial Relations Act, but no documents had been received by his clients addressing the inspector's terms of employment and the question of publication.
Initially his clients had welcomed the investigation and expressed some enthusiasm for the process,but this turned sour when it became apparent that matters not authorised had been put in train.
Referring to the Industrial Relations Act of 1947, and the earlier Board of Trade Act, Mr O'Donnell said there did not appear to be any precedent for contending that there was power to report and publish any report generally. It was proposed to publish the report without going through procedures, and without affording the applicants the opportunity to test the evidence.
Mr O'Donnell is seeking a declaration that the investigation by Mr Nolan is in breach of Gama's rights to natural and constitutional justice and to fair procedures.
The hearing continues today.