Fraud Squad and Revenue to get Gama pay report

A REPORT into allegations that construction firm Gama underpaid hundreds of migrant workers is to be forwarded to the Garda Fraud Squad and the Revenue Commissioners.

The High Court yesterday cleared the way for the Labour Inspectorate report to be provided to five State enforcement agencies.

In addition to Revenue and the Fraud Squad, it will be sent to the Garda National Immigration Bureau, the Director of Corporate Enforcement, and the Competition Authority.

The 40-page draft document concerns allegations that Gama breached employment agreements by systematically underpaying a large number of Turkish workers.

Gama has already conceded that hundreds of workers were paid 8% less than they were entitled to for a period of 2004, blaming the underpayment on an administrative error.

Gama’s Turkish and Irish arms had been seeking an injunction to halt the report’s publication.

However, the court yesterday granted a limited injunction only. This means that, although Enterprise Minister Mícheál Martin still cannot make the report publicly available, he can forward it to the five enforcement agencies.

The report can also be forwarded to the Director of Public Prosecutions (DPP) if necessary.

Mr Justice Peter Kelly said he would not impede the Labour Inspectorate from taking action arising from the report.

Both Gama companies are contesting the Minister’s entitlement to direct the investigation that led to the report, and argue the document is legally flawed.

Mr Martin ordered the Labour Inspectorate, which is an arm of his department, to carry out the investigation after Socialist Party TD Joe Higgins raised the Gama allegations in the Dáil in February.

Mr Justice Kelly said the general publication of the report could be extremely damaging to Gama, and therefore granted a limited injunction. He added he was satisfied as to the urgency of securing a trial on the matter, and fixed it for hearing on Tuesday, May 3.

In a statement, Gama said it was “satisfied its position as a good employer will ultimately be upheld.”

But it become embroiled in a fresh row last night after threatening to stop paying 230 workers if they did not end their protests against the company.

Gama wants to repatriate 130 of the employees to jobs in Turkey, saying it has no work for them in Ireland. The other 100 have joined with those employees in protests at a company premises in Lucan, Co Dublin.

“Gama has advised SIPTU that it will cease to pay these 230 employees if they do not return to Turkey to take up jobs elsewhere or return to work on the various Gama sites in Ireland,” the company said.

SIPTU last night branded Gama’s actions “a disgrace.”