Foley & anor -v- Workplace Relations Commission & ors [2016] IEHC 585 (25 October 2016)

Foley & anor -v- Workplace Relations Commission & ors [2016] IEHC 585 (25 October 2016)

Judicial review cannot interfere with ongoing criminal investigations by statutory bodies except in the rarest cases; the Inspectors’ actions in entering the Harcourt Premises and seizing materials were not completely irrational and fell within the wide margin of appreciation granted to investigators. Any challenge...

Source-derived case information.

Citation
[2016] IEHC 585
Parties
Applicant: Deirdre Foley; Applicant: D2 Private Limited; Respondent: Workplace Relations Commission; Respondent: James Kelly; Respondent: Pat Phelan; Notice Party: Natrium Limited
Jurisdiction
Ireland
Judgment Date
25 October 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused
Legal Topics
Powers of Statutory Inspectors, Judicial Review of Investigations, Collective Redundancies, Statutory Interpretation, Ultra Vires Actions
Employment Law Administrative Law Criminal Procedure Powers of Statutory Inspectors Judicial Review of Investigations Collective Redundancies Statutory Interpretation Ultra Vires Actions

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Parties

Deirdre Foley

Applicant

D2 Private Limited

Applicant

Workplace Relations Commission

Respondent

James Kelly

Respondent

Pat Phelan

Respondent

Natrium Limited

Notice Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether judicial review can interfere with ongoing criminal investigations by statutory bodies
  2. 2 Whether entry and seizure of materials by WRC Inspectors was lawful under s. 27 of the Workplace Relations Act 2015
  3. 3 Whether applicants could be investigated as 's. 21(3) persons' under the Protection of Employment Act 1977

Ratio Decidendi

Judicial review cannot interfere with ongoing criminal investigations by statutory bodies except in the rarest cases; the Inspectors’ actions in entering the Harcourt Premises and seizing materials were not completely irrational and fell within the wide margin of appreciation granted to investigators. Any challenge to legality or admissibility of evidence must be made at trial, not during the investigation.

Court Disposition

Application refused

Orders

  • Leave to apply for judicial review granted
  • Interlocutory order restraining use of seized materials pending further order