Dylan McGrath’s Rustic Stone ordered to pay ex-chef €1,000

A court has granted a former chef de partie at celebrity chef Dylan McGrath’s Rustic Stone restaurant judgment for unpaid working hours against his former employer.

Jose Cano Ruiz, of South Circular Road, Dublin, had sued Prime Steak Limited, which trades as Rustic Stone in South Great George's Street, under the Organisation of Working Time Act.

Affirming a decision of the Rights Commissioner and of the Labour Court on appeal for €1,000 in favour of Ruiz, Judge Jacqueline Linnane said Prime Steak Limited had not appeared before the Rights Commissioner.

Representations on behalf of Prime Steak, which has its registered office at 42 Morehampton Road, Dublin 4, had been made before the Labour Court. The company was not represented in the Circuit Civil Court whenMr Ruiz sought an order for judgment for €1,000 against the company.

Mr Ruiz had claimed that Prime Steak had breached the working time legislation after employing him from October 31st, 2013 until November 19th, 2013.

He said he had worked from 10am until 11.30pm each day for five days a week and on Saturdays and Sundays had worked without breaks. He also said he had worked an average of 65 hours a week during his brief time of employment and had not been paid annual leave on cessation of his employment.

The restaurant had contested his allegations when it appealed the Rights Commissioners decision to the Labour Court and claimed Mr Ruiz had worked weekdays from 10.30am to 3pm and from 5.30pm until 10.30pm. At weekends he had worked 1pm until 10pm. The restaurant had told the Labour Court that in respect of the three weeks work, he had been paid in excess of his statutory entitlement for annual leave.

The Labour Court decided the restaurant had failed to keep adequate records of hours worked and the onus lay with the employer to prove it had complied with the legislation. The employer carried the burden of rebutting the evidence of Mr Ruiz and had failed to do so.

The Labour Court had awarded €1,000 to Mr Ruiz, who applied to the Circuit Civil Court for enforcement of the award.

Dylan McGrath, who became a household name through his appearances on RTÉ's Masterchef, Guerilla Gourmet and Pressure Cooker, opened the Rustic Stone Restaurant in 2010. He won a Michelin star at his former restaurant Mint, which closed in 2009.