The Workplace Relations Commission awarded Kristan Burness €10,000 after upholding six complaints against Chickopee Foods Ltd, which operates Nero XVII in Dublin 7. The decision was dated 30 March 2023.
Burness said he was dismissed without cause in May 2021. The company argued he had been self-employed before becoming an employee in June 2020 and lacked the service needed to bring an unfair-dismissal complaint. The WRC accepted that he was employed from June 2020 until his dismissal, but found the unfair-dismissal complaint not well founded because he had not completed a year’s continuous service.
The WRC awarded €1,305 on each of two complaints over missing written employment terms, and €2,612 for missed breaks. It also awarded €1,200 for Sunday working, €2,612 for unpaid annual leave and €966 for public-holiday entitlements. The six awards totalled €10,000.
Two other complaints were not well founded: one about written notice of the restaurant’s takeaway business and another alleging weekly pay of €850 net. Several other complaints had been withdrawn.