Courts / Dublin / Report

Leading Dublin restaurateur denies racial discrimination and workplace rights breaches

Date
2023-10-03
Stage
Hearing Or Decision
Primary locality
Dublin
County
Dublin

Summary

The Workplace Relations Commission heard statutory complaints brought by Kinsley Auguste against Dillingers Restaurant Ltd, with John Farrell appearing as respondent-in-person. Mr Auguste alleged racial discrimination, excessive working hours, failure to provide shift breaks, and lack of premium pay for Sunday work under various employment acts. Mr Farrell denied all allegations, asserting that Mr Auguste's aggressive behaviour on Christmas Eve 2021, which nearly prompted a call to gardaí, led to his suspension. The adjudicating officer noted the relationship had effectively ended. Regarding pay, Mr Auguste claimed he worked 55 to 60 hours weekly without additional compensation, while Mr Farrell stated the roster was managed by the chef and premiums were included in the weekly wage. The hearing concluded with the adjudicating officer ending the session on the statutory complaints to consider a further Industrial Relations Act complaint behind closed doors. A decision on the statutory complaints is expected in due course.

Who, what, where, when and why

What: Report matter: Leading Dublin restaurateur denies racial discrimination and workplace rights breaches. Charges or matters: racial discrimination; workplace rights breaches; excessive working hours; failure to provide shift breaks; failure to provide premium pay for Sunday work. Procedural stage: hearing_or_decision

When:

Why: Mr Auguste explained that he had referred to family status in his discrimination complaint as well as race because understaffing in the restaurant meant the job was "first thing in my life", ahead of his wife and two children. CNI source report

Case subjects

John Farrell

Respondent

Kinsley Auguste

Applicant

Charges: racial discrimination; workplace rights breaches; excessive working hours; failure to provide shift breaks; failure to provide premium pay for Sunday work (Alleged Or Contested)

Places mentioned

Secondary Mention

Topics

Stage Hearing Or Decision

Related court reports

Read the original CNI report

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