The Turkish company at the centre of accusations of underpaying its employees on Irish sites is to legally challenge the validity of a Government inquiry into its affairs.
GAMA Endustri Tesisleri Imalat Ve Montaj A.S., of Ankara, Turkey, has been granted leave by the High Court to seek a judicial review of the decision of the Minister for Enterprise, Trade and Employment to establish an investigation.
The investigations follows allegations raised in the Dáil by Socialist Party TD Joe Higgins that some Turkish construction workers engaged in projects in Ireland were being paid between €2 and €3 per hour. Mr Higgins had described their alleged "80-hour" weeks as "grotesque".
Mr Justice Frank Clarke also granted the company an interim injunction preventing the release of a draft report on the investigation to anyone other than those involved in any decision to prosecute or take civil proceedings against the company.
Richard Nesbitt, counsel for GAMA Endustri, said the matter he was bringing before the court had already received some public notoriety. His client was a Turkish company that employed Turkish workers who would then be seconded to GAMA Construction Ireland Ltd, which was carrying out industrial projects in Ireland.
He said that in February Mr Higgins had made certain allegations concerning circumstances in which Turkish employees were working here, asserting they were paid less than legally required and asked to work longer than appropriate under Irish law.
Mr Nesbitt said Minister for Enterprise, Trade and Employment Micheál Martin had seen fit to direct labour inspector Edward Nolan to commence an investigation into allegations by Mr Higgins.
Mr Nesbitt said GAMA Endustri had been established 35 years ago and, having successfully completed more than 200 significant projects globally - including refineries, power plants, hotels and hospitals - had a high reputation as an international construction contractor.
By the end of 2004 GAMA Endustri employed nearly 11,000 people including 1,315 workers in Ireland. Although the company had no business or place of business in Ireland it did engage in Ireland in the secondment of employees to GAMA Ireland Ltd.
Mr Justice Clarke said he had been persuaded there was an arguable case to be presented to the High Court and would grant leave to seek a judicial review.