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Human Rights in IrelandPromoting Human Rights in Ireland |
High Court Grants GAMA injunction
national |
worker & community struggles and protests |
news report
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! Injunction granted over Gama report |
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Jump To Comment: 2 1Gama 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.
full text at
http://groups.yahoo.com/group/miscetcetal/message/2
The 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.