The High Court has made an order quashing the report of a labour inspector into allegations against two Gama firms of underpayment and mistreatment of Turkish construction staff employed here by both firms.
Ms Justice Mary Finlay Geoghegan also yesterday made orders directing the Minister for Enterprise, Trade and Employment to pay 50 per cent of the legal costs incurred by the firms in their legal proceedings against the Minister. Last week the judge had made an order restraining publication of the report.
Yesterday she heard applications from counsel for both Gama companies and from the Ministers on what final order should be made following her judgment.
Donal O'Donnell SC, for Gama Ireland, and Richard Nesbitt SC, for Gama Turkey, asked the judge to make an order quashing the report. Mr O'Donnell said this was necessary to avoid confusion and to avoid the report having "a legal half life". Both counsel also sought costs.
Maurice Collins SC, for the Minister, accepted there was no legal impediment to such an order but argued it was unnecessary given the court's declaration that the inspector had no power prepare a report for publication and in the context of the report containing other material and documents.
Asking the judge to make no order for costs, meaning each party would pay their own costs, he urged the court to take into account the matters that emerged during the inspector's inquiry. He also said it would be unjust to direct the Minister to pay two sets of costs.
In her decision, the judge said she believed it was appropriate, given her judgment and the declaration that the inspector acted in excess of his powers, to make an order quashing the report. She accepted there could be confusion if she did not make such an order.
On costs, she said the Minister should not have to pay two separate orders for costs and she direct the Minister pay 50 per cent of the costs of the companies in both sets of proceedings.
