Staff Member with European Arrest Warrant

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Claire1956

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Circa 6 months ago we were advised that a member of staff has had a european arrest warrant issued against them. The detective informed us that the staff member could be picked up at any time. He was giving us a 'heads up' so that we could have someone else lined up and not be left short staffed......well that was last March.

To date we have heard nothing about what is to happen next, despite making some phone calls to the detective. I don't often bang on about 'rights', but what can we do about this situation? The feeling is that we are on a string, when will he go, how serious is the crime, are we or our business at risk??? We were told none of the details and our solicitor has stated that under no circumstances are we to discuss the matter with the staff member.

If someone could throw some light on this it would be great.
 
Are you sure, they would normally just come and arrest him. You now are in a difficult situation (I hope his crime is not too serious)
 
My first reaction is that it has to be a wind-up?
Why would a detective give you a 'heads up'?
 
+1 what Tiger has posted.

Totally unprofessional of a detective to be spreading rumours like that.
And equally unprofessional for the firm to be allowing it to fester for 6 months.

This is a delicate HR situation but if the crime was serious, your staff may be at risk.
All employers have a duty to all their employees to provide them with a safe place of work.

It may be shading it a little, but employing someone who could be a danger may not accord with this.
That having been said I am more than a little annoyed at the attitude of the police with their little insinuations.

The firm needs to put all this on an official footing and request formal confirmation of the charge from the local Garda Sargent.

ONQ.


All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
Sounds like rubbish to me. If there's an arrest warrant issued for the person, the Guards would be obliged to serve it and arrest the person. The last thing they should be doing is going around giving people a 'heads up' warning and telling you not to mention it to the subject.

A European arrest warrant, just means that the warrant is valid in Europe because the suspect is thought to be outside their home country. It doesn't automatically mean they are a mass murderer, the warrant could be for anything from public disorder to serial murder.
 
A European arrest warrant can only be used for something serious that carries a significant prison sentence i.e. more than 12 months in prison. If he has an arrest warrant, then the Gardai are obliged to arrest him at the soonest opportunity.

Ring up the local Superintendent and say that you recieved a visit from the Detective regarding this. Ask the Super if the warrant is still outstanding and tell him when the employee is next due in work. If its genuine, the Super will send someone along to arrest him. If its not, or if its cancelled/already executed, he will let you know.
 
Sounds like the "detective" is either working outside his remit or he is trying to blacken this individuals character.
Either way , it should , as already advised be reported to the local superintendant.
 
OK, thanks folks. I can guarantee that it is not a wind up as we have been in touch with the Detective. We also were concerned that it was a bit odd, so we contacted the station the detective is attached to and 'casually' got confirmation that it is indeed a detective and he works there. In addition we got confirmation that the staff member is wanted under this European Arrest Warrant, and yes we were told it is because of there being a custodial sentance greater than 12 months. The detective stated that it was something that would not be issued with a custodial sentence here - go figure, we can't!!!

Now we are fully aware of it being a delicate situation. We spoke to our solicitor who said that we can say nothing to our staff member about it.

I will speak with my husband, (co-owner) about the suggestion that we go to our Superintendent. However what I will say is that there are apparently several hundred folks here in Ireland who have this EAW according to the detective and that our staff member is 'way down the list'. So we still have to keep him employed here............
 
Remember, the EAW is a request/order for someone to appear in a court to answer a charge - not a guilty verdict, or sentence hearing. Your employee is still completely innocent, and entitled (legally and morally) to be treated as such.

Of course this is harder to do than say, but if the indications are that the charge is over a crime that would only make it to the District Court were it tried in Ireland, then you might really be only looking at a speeding offense or similar.

Unless the employee has given you any other reason to be wary, then you shouldn't worry over this. For your own peace of mind, you should contact the superintendent in the station, and ask why you were given advance notice of this process, and ask why they decided to put you in this invidious position.
 
Onq - it has not been allowed to fester....and why are we are unprofessional - we've been in touch with the detective monthly and raised the matter to our solicitor. All parties said sit tight and say nothing. We live in a rural area and we don't have any dealings whatsoever with detectives, superintendents or generally with folks who have arrest warrants issued against them!

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002F0584:en:HTML

Scope of the European arrest warrant
1. A European arrest warrant may be issued for acts punishable by the law of the issuing Member State by a custodial sentence or a detention order for a maximum period of at least 12 months or, where a sentence has been passed or a detention order has been made, for sentences of at least four months.
Scope of the European arrest warrant
1. A European arrest warrant may be issued for acts punishable by the law of the issuing Member State by a custodial sentence or a detention order for a maximum period of at least 12 months or, where a sentence has been passed or a detention order has been made, for sentences of at least four months.
 
"Sit tight and say nothing" = "allowing it to fester".
Allowing it to fester = acting unprofessionally in my understanding of the law.

This may expose you to legal action depending on how you have handled and/or will handle this.
You owe it to yourself and your husband and your employees, including this employee to resolve this matter promptly.

I am also mindful that not all charges are supportable and many arise from poverty and your employee may be looking for another chance.
With this in mind I offer the following advice, to tease our some of the implications of the situation and to suggest possible means of moving forward.

Read this link -

[broken link removed]

"Health and Safety in the Workplace for Employers

Employer’s Duty of Care Evolving in the civil courts, the employer's duty of care to each of his employees can conveniently be considered under five headings. These require that an employer must provide:

  • Safe systems of work.
  • A safe place of work.
  • Plant and machinery that is safe to use.
  • Competent supervision and/or suitable training.
  • Care in the selection of fellow employees."
It follows simply and logically that if your employee presents a risk you have an obligation to discover this and take steps to mitigate or prevent it.
However as I stated in my post above, this is a delicate HR situation and there are the employee's right to consider.

A country solicitor used to wills, deaths and conveyancing may not be up to speed on evolving legislation.
Therefore I advise that you contact a solicitor well-versed in current employment law before deciding what to do.

Issues may arise as to who should know about the issue, recording what was done and said and being open and transparent with your employees.
You may be between a rock and a hard place, but taking competent advice from someone who understands this branch of law is important to avoid possible later penalties.

Some further background reading

[broken link removed]

And also

[broken link removed]

"Privacy in the workplace

Employees in the workplace in Ireland have a legitimate right to a certain degree of privacy in the workplace. However, their right to privacy must be balanced with the legitimate rights and interests of the employer. For example, the employer has a right to run his or her business efficiently and effectively and to protect himself or herself from any harm the worker's actions may create.
These rights and interests constitute legitimate grounds that may justify appropriate measures to limit the worker's right to privacy. The clearest example of this would be those cases where the employer is victim of a worker's criminal offence.
However, balancing different rights and interests requires taking a number of principles into account, in particular, proportionality. It should be clear that the simple fact that a monitoring activity or surveillance is considered convenient to serve the employer's interest would not solely justify any intrusion in into a worker's privacy. Before being implemented in the workplace, any monitoring measure must pass a list of tests, which are extensively detailed in this working document"

As I said, its a difficult balancing act, but allowing yourself to be drip fed by this detective is doing nobody any good.
- its not discharging your duties
- it may be infringing on the employees rights
- an unsatisfactory way to run a business, with these fears playing on your mind.
You need clarity on this matter immediately and take appropriate action.


ONQ.

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
I will be sure to let our solicitor know that his staff member who specialises in employment law has not been sufficient in their advice.

For those who actually assisted with the course of action to go to the superintendent, many thanks. That has been done.

Moderator - I won't be posting the updates on this, you can close the thread if you wish. Thanks for your help.
 
what I don't understand is why the gardai don't arrest the person on foot of the warrant. Is this not the logical and lawful course of action?
 
Closed at request of OP.

If posters want to discuss operational aspects of a European Arrest Warrant feel free to start a new thread.

aj
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