Criminal case starts on Clerys job losses

Criminal proceedings have commenced over the handling of collective redundancies at Clerys department store.

Businesswoman Deirdre Foley faces a single charge of impeding a Workplace Relations Commission (WRC) inspector as well as three counts of breaking protection of employment laws.

Two other executives, as well as the previous owners, OCS Operations Ltd (now in liquidation) and Natrium Ltd, which took over the department store in 2015, have been served summonses with connected charges.

The case had its first listing at Dublin District Court yesterday before Judge John Brennan, who, following submissions from defence and prosecution lawyers, granted an adjournment until May 19.

None of the defendants has yet entered a plea.

Breffni Gordon, prosecuting, told Judge Brennan the prosecutions have been instituted by the jobs minister and the WRC.

OCS Operations petitioned the High Court for liquidation on June 12, 2015. This was followed by the collective redundancies in which 460 people lost jobs; 130 of them were directly employed by Clerys, he said.

Defence lawyers argued that, in the interest of a fair trial, an order be made for disclosure of evidence at this stage. Mr Gordon resisted the application and said the disclosure would be provided at a later stage.

OCS Operations Ltd faces three charges. It operated Clerys Department Store and Warehouse from 2012 until a liquidator was appointed in June 2015, when it ceased trading faces.

The alleged offences are under the Protection of Employment Act for failing to initiate consultations with representatives of employees affected by the collective redundancies in OCS Operations Ltd; failing to supply employee representatives with all relevant information relating to the redundancies; and not notifying the jobs minister, in writing, on June 12, 2015 — the day of the Clerys takeover.

There is one charge against Natrium Ltd, which is co-owned by Ms Foley and a UK-based property investment and hedge fund. Natrium is accused of obstructing or impeding a WRC inspector on June 27 last year at 25-28 North Wall Quay, the company’s address.

Ms Foley, of Hollybank Avenue, Upper Ranelagh, Dublin 6, who has a 20% share in Natrium Ltd, faces four charges. One count alleges that it was with her consent or connivance that Natrium Ltd impeded a WRC inspector on June 12, 2015.

Her other three charges are under the Protection of Employment Act for failing to initiate consultations with representatives of employees, failing to supply employee representatives with all relevant information relating to redundancies, and not notifying the jobs minister, in writing, on June 12, 2015.

Also before the court was Mark Redmond, of Belfry Dale, Citywest Rd, Saggart, Co Dublin. He is an employee of D2 Private Ltd, a firm owned by Ms Foley. He faces the same charge.

Brendan Cooney, a director of OCS Operations Ltd, with an address at Weirview Drive, Stillorgan, Co. Dublin also has the same charges plus an additional one under the Workplace Relations Act for giving false or misleading information to an inspector.