Gama court action on inquiry resumes next week

A legal action in which the construction firm Gama is disputing the entitlement of the Minister for Enterprise and Employment…

A legal action in which the construction firm Gama is disputing the entitlement of the Minister for Enterprise and Employment to investigate allegations against two Gama companies will resume before the High Court on Tuesday.

Gama is also opposing the publication of a report by the Labour Inspectorate of the Minister's department of its investigation into the claims that the company mistreated its Turkish employees while they were engaged in working here.

In February Socialist Party TD Joe Higgins alleged that the Turkish workers were receiving "gross underpayments" and working excessive hours in breach of employment agreements and the national minimum wage.

Last month, ruling on proceedings by Gama Industri Tesislerie Imalat Montag AS and Gama Construction Ireland Ltd against the Minister, the High Court allowed limited release to some parties.

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These included the Fraud Squad, the Revenue and the DPP, of the findings of the investigation by Mr Edward Nolan, head of the Labour Inspectorate of the Department of Enterprise and Employment.

Mr Justice Kelly granted a limited injunction to both companies restraining general publication of the report pending the outcome of the judicial review proceedings which are being heard by Ms Justice Finlay Geoghegan and have been adjourned until next Tuesday.

In submissions on the issue of publication of the report, Mr Maurice Collins SC, for the Minister for Enterprise and Employment, argued that the entitlement to publish the report was not dependent on there being a statutory power to publish.

A clear question of public interest was involved.

Counsel argued there was clearly a question of public interest involved. The State indirectly funded a large number of contracts in circumstance where the contracts required the payment of employees in accordance with the law.

Gama Ireland had been able to carry out its business by way of permits granted by the State to the company's Turkish workers. There was an engagement by the State which made the issue not a mere private one but one of legitimate public interest.