Dublin Chefs Win Wage Disputes: Lessons for US Restaurant Workers
Two recent cases in Dublin offer valuable lessons for restaurant workers in the United States regarding wage disputes, termination notice, and employee rights.
Long-Serving Chef Awarded nearly €6,000 After Restaurant Closure
A former sous chef at Shanahan’s on the Green, a now-closed Dublin restaurant, has been awarded nearly €6,000 (approximately $6,400 USD) after a dispute over unpaid wages, lack of proper notice, and outstanding holiday entitlements. Piotr Fraszczyk, who worked at the restaurant for 14 years, pursued his claims through the Workplace Relations Commission (WRC) after the restaurant ceased operations in October 2024. The WRC sided with Fraszczyk, awarding him the compensation under the Payment of Wages Act 1991 and the Minimum Notice and terms of Employment Act 1973.
Fraszczyk confirmed at a February hearing that he received statutory redundancy pay after an “en masse application” made on behalf of all employees after the closure. However, he claimed he was still owed additional compensation.
According to adjudicator Brian Dalton, the restaurant appeared to have placed Fraszczyk on lay-off, leading him to apply for redundancy after several weeks without work. fraszczyk, though, stated that “It’s actually the accountant who initiated the redundancy process, as she started to get it done en masse,” referring to a letter dated 26th October.
Dalton clarified, “That’s termination – that’s different, so then it moved to a place were it said it was closing. So she actually worked on behalf of all of you, she did it voluntarily, this accountant?” Fraszczyk responded, “It was strange, everyone was so surprised.” dalton then said,”She did it herself; she did it on behalf of the group of employees and she made representations to Social Welfare on behalf of all of you,” after reading the correspondence.
Ultimately, Dalton awarded Fraszczyk one week’s gross wages (€750), compensation for 4.67 days of accrued annual leave, and six weeks’ pay (€4,500) for the lack of proper termination notice. The total award amounted to €5,950.50, in addition to the €17,160 he already received in statutory redundancy pay.
Culinary Student Wins Wage Dispute Against Dublin Restaurant
In a separate but related case, the WRC ordered At One North Main Ltd., trading as the Neighbourhood restaurant, to pay Christian hyland, a culinary arts student, €650 (about $700 USD) after a dispute arose over whether he should have been paid for his work in the kitchen. Hyland,a student at the Technological University of Dublin (TUD),had initially interned at the restaurant in April and May 2024. He was then asked to work at the restaurant’s stall at the Taste of Dublin event, where he “gladly got stuck into a week of work” and earned €700.
Hyland claimed he was then asked to work weekends throughout the summer, and that expected to be paid for those shifts. He argued that he worked 15 hours a week for eight weeks at a rate of €11.43 an hour,and was owed €1,371.
tom McGrath, the restaurant owner, along with a manager and chef, “vehemently denied” that Hyland was an employee entitled to wages.They claimed Hyland was only “welcome to come back on weekends to observe how things worked” with the potential for a future position. Adjudicator Penelope McGrath noted, however, that the chef had mentioned that Mr. Hyland “might do odd jobs and might occasionally peel potatoes or fetch something.”
Hyland countered that he was “doing more than shadowing,” stating he was “chopping and prepping, making sauces” and cleaning up at the end of service. He felt “deeply aggrieved” that the restaurant did not intend to pay him.
mcgrath ruled that Hyland, as “a young student with very little control or expectation over what might seem reasonable in terms of training and working,” was in a vulnerable position compared to the “reputable and busy restaurant with a large staff.” She added, “I think there has to have been an onus on the respondent staff or owner to make that clear from the start. Otherwise, the respondent runs the risk of seeming to be exploitative.” She wrote that the employer had to “take the blame for any ambiguity” as it was in the dominant position and “held all the cards from the point of view of the aspiring chef.”
McGrath ruled the complaint “well founded” and awarded Hyland €650, considering the lack of documented hours and the restaurant’s disagreement with the number of hours worked.
Implications for US Restaurant Workers
These cases from Dublin highlight crucial considerations for restaurant workers in the United States. While labor laws vary by state, the core principles remain the same: employees are entitled to fair wages, proper notice of termination, and compensation for accrued time off. The Dublin cases underscore the importance of understanding your rights and documenting your work. The U.S.Department of Labor reported over $234 million in back wages were recovered for workers in fiscal year 2023.
One potential counterargument is that restaurants often operate on thin margins and may struggle to comply with all labor laws. While this can be true, it does not excuse violations. Resources are available to help restaurants navigate labor laws and ensure compliance. The National Restaurant Association, for example, offers training and guidance on employment practices.
| Key Takeaway | Relevance to US Workers |
|---|---|
| Document your work hours meticulously. | Essential for proving wage claims. Use time-tracking apps or keep a detailed log. |
| Understand your rights regarding termination notice and severance. | federal and state laws dictate required notice periods and potential severance pay. |
| Seek legal counsel if you believe your rights have been violated. | Many attorneys offer free consultations to assess potential cases. |
| Be aware of internship regulations and whether you should be paid. | The U.S. Department of Labor has specific criteria for unpaid internships. |
FAQ: Restaurant Worker Rights in the US
- What should I do if I’m not paid minimum wage?
- Document your hours and pay, then file a complaint with the U.S. Department of Labor or your state’s labor agency.
- Am I entitled to overtime pay?
- Most hourly employees are entitled to overtime pay (1.5 times their regular rate) for hours worked over 40 in a workweek. Some exemptions apply.
- What constitutes an illegal deduction from my paycheck?
- Deductions for things like cash register shortages or damaged equipment are often illegal if they bring your pay below minimum wage.
- What are the rules regarding unpaid internships?
- Unpaid internships must primarily benefit the intern, provide training similar to an educational environment, and not displace regular employees.
- How much notice am I entitled to if I’m being laid off?
- Federal law (the WARN Act) requires employers with 100 or more employees to provide 60 days’ notice of mass layoffs or plant closures. Some states have similar laws with broader coverage.
