Labour Court upholds ruling on Stephen NG’s complaint against Orchid Restaurant

The Labour Court upheld a ruling that the Workplace Relations Commission lacked jurisdiction to hear Stephen NG’s complaint against Moanne Chow T/A Orchid Restaurant. The determination was signed on 31 March 2021. The merits were not decided. Ng said he started work as a senior waiter in January 2016, was paid €360 a week plus tips and worked more than 48 hours a week. He said he received no written employment terms or pay details. Chow said MCF Catering Ltd owned the restaurant and employed Ng, while she worked there as a part-time manager. The Court said the documentary evidence, including a P60, P35 and payslips, favoured Chow’s position that she was not Ng’s employer, though it expressed reservations. The ruling addressed jurisdiction only; the Court did not express a view on Ng’s separate proceedings against MCF Catering Ltd.