Fresh charges brought against another director of Clerys over redundancies

By Tom Tuite

Fresh charges have been brought against a director of the former owners of Clerys over the handling of collective redundancies at the iconic department store on Dublin’s O’Connell Street.

OCS Operations Ltd 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 which was later bought by Natrium Ltd.

Today, Niamh Tuite, the solicitor acting for the Workplace Relations Commission (WRC) and the Minister for Enterprise and Innovation, told Dublin District Court that the new charges were against James Brydie, the director of OCS Operations (now in liquidation).

Mr Brydie, with an address at Kingsmere Road, London, faces six charges.

He is accused of impeding and giving false or misleading information to a WRC inspector as well as four counts of breaking protection of employment laws.

Ms Tuite said the case was linked to another prosecution already before the court.

She said the accused lived in the UK but that there had been “substitute service” of the summonses at the office of a law firm in Dublin.

Mr Brydie was not present and had no legal representation during the hearing today. Ms Tuite asked Judge John Brennan to adjourn the case to allow him to be notified again and to have “a final opportunity” to appear before the court.

She said that if there was no appearance on the next date her application would then be for the case to go ahead in his absence. Judge John Brennan adjourned the case until April 9 next.

Mr Brydie is accused of impeding an inspector and giving false or misleading information to an inspector on May 13, 2015, contrary to the Workplace Relations Act.

He is also facing four charges under the Protection of Employment Act in which it is alleged that on June 12, 2015, he failed to initiate consultation with representatives of employees affected by redundancies in OCS Operations Ltd; that he failed to supply employee representatives with relevant information relating to the redundancies; that he failed to notify the Minister for Jobs, Enterprise and Innovation in writing of the collective redundancies, and that he failed to keep records that entitled the Minister to ascertain whether or not there had been compliance with the principles of the Protection of Employment Act.

Natrium Ltd is no longer facing any charges in connection with the redundancies.

However, proceedings are still pending against Deirdre Foley, Mark Redmond and OCS Operations who have indicated that they would be contesting charges brought against them.

Ms Foley, who had a 20% stake in Natrium, faces trial on charges under Protection of Employment Act for failing to initiate consultations with representatives of employees, failing to supply them with all relevant information relating to the redundancies and not notifying the Minister for Jobs, Enterprise and Innovation in writing, on June 12, 2015.

Mark Redmond, of Belfry Dale, Citywest Road, Saggart, Co. Dublin is an employee of D2 Private Ltd, a firm owned by Deirdre Foley. He faces the same charges.

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

It is facing trial 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 Minister for Jobs, Enterprise and Innovation in writing, on June 12, 2015 – the day of the Clerys takeover.

It is also accused of failing to keep records as required to ensure compliance the Protection of Employment Act.