The High Court has allowed a worker’s appeal against the dismissal of his personal injuries proceedings against OKR Group, which operates Burger King restaurants in Ireland. It dismissed the company’s motion to strike out the claim because of delay. The judgment did not decide whether the worker’s allegations of bullying and harassment are true.
The case concerns Kestutis Naudziunas, who worked for the company at its Tallaght restaurant. He alleges that he suffered injury through bullying and harassment between 2010 and 2012. His claim also includes alleged breach of contract and a failure to provide a written statement of employment terms. The company denies the claims.
The proceedings were issued in the Circuit Court in 2013. In January 2019, the company sought to have them dismissed on the ground of delay. The County Registrar granted that application in May 2019. On appeal, the Circuit Court dismissed the worker’s appeal, while changing the costs order. The worker then appealed to the High Court, which heard the matter as a rehearing.
Mr Justice Richard Humphreys accepted that the overall delay was likely inordinate, but found that most of it was excusable. The case had continued through exchanges of pleadings, particulars and discovery, and the company had contributed to delays through its own steps in the proceedings. The judge said the balance of justice favoured allowing the claim to proceed.
The company argued that former staff from the Tallaght restaurant were no longer available to give evidence, citing the high turnover in the fast-food industry. The judge found that claim too general and insufficiently supported by detail. The evidence did not establish when a relevant former employee had left Ireland or how that departure resulted from the delay. The judgment also noted that the company had not shown it took effective steps to retain contact details for former staff after receiving the claim.
The court allowed the appeal and vacated the Circuit Court order dismissing it. It dismissed the company’s January 2019 motion to strike out the proceedings. The judge said the order on costs made in the County Registrar’s and Circuit Court would also be vacated; subject to any further submissions, the worker would receive his full costs in all three courts.
The underlying claim remains unresolved. The judgment said whether the worker can rely at trial on his further particulars concerning alleged food-safety concerns and workplace treatment is a matter for the trial.