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RCA 372. Complaints filed with the Labour Inspectorate

Recurrent: Ministry of Labor and Social Economy

Recurred resolution: R/1043/2024

In the exercise of the right of access to public information, a request for access to the complaints filed by the unions USO and SITCPLA against RYANAIR in relation to the existence of illegal assignment of workers between the Company and the subcontracted companies CREWLINK IRELAND LIMITED (“CREWLINK”) and WORKFORCE INTERNATIONAL CONTRACTORS (“WORKFORCE”)”, which had been filed in all the agencies of the Labour and Social Security Inspectorate at national level, was submitted to the Ministry of Labour and Social Economy.

The request for access was denied by the Ministry on the grounds that the disclosure of the information would prejudice the prevention, investigation and punishment of criminal, administrative or disciplinary offences [article 14.1.e) LTAIBG], as well as professional secrecy and intellectual and industrial property [article 14.1. j) LTAIBG].

Such arguments were discarded by the Council in resolution R/140/2021, on the understanding that the limits invoked were not applicable. This decision was annulled by the Administrative Litigation Division of the National High Court (Appeal No. 80/2022), in which, with the revocation of Judgment No. 44/2022 of 17 March, of the Central Administrative Litigation Court No. 11, the appeal is partially considered and the proceedings are ordered to be reviewed so that the interested parties are heard and the relevant decision is issued.

In compliance with the aforementioned ruling of the National High Court, this Council offered a hearing procedure to the unions USO and SITCPLA, in the terms provided in article 24.3 LTAIBG, in order for them to state what they considered appropriate to their right with regard to the request for access to information, initiating the current procedure with file number 706/2024.

After hearing the interested parties, this Council issued a new resolution taking into account the aforementioned allegations and decided to estimate the claim and agree to grant access to the content of the requested complaints “after dissociation of personal data so as to prevent the identification of the persons affected”, in accordance with the provisions of Article 15.4 LTAIBG.