A restaurant owner has had to reimburse staff almost €12,000 for wages owed to them for working unsociable hours such as Sundays and Bank Holidays.

Court proceedings were issued against the West Wing Restaurant in Tuam along with a director of the business because eleven staff had not receiving their statutory entitlements.

The action was taken by the Workplace Relations Commission (WRC) against the restaurant at Galway Road, Tuam, and its Director Jasim Uddin De Wan following complaints they received from staff members. The Workplace Relations Commission’s inspection services enforce compliance involving a range of employment situations.

This is carried out by means of compliance inspections at workplaces and by working with employers to address contraventions and, where necessary, bringing legal proceedings to enforce compliance.

Following issues raised by staff members, Eddie Thornton, an Inspector with the WRC, gave evidence to Tuam Court of paying an unannounced visit to the restaurant in April 2023.

He requested details of payments made to staff and informed management of concerns relating their failure to pay staff their statutory in relation to working Sundays, Bank Holidays and annual leave entitlements. The proceedings related to both full-time and part-time staff.

Mr Thornton said that he sent reminders to the West Wing Restaurant management regarding them furnishing this information but there was no response from the company. Three separate compliance notices were issued to the restaurant, the court heard.

Defending solicitor Eric Gleeson said that his clients were pleading guilty to the allegations and the matter had been resolved in the meantime. He said that no member of staff was left “out of pocket”.

He explained that there was a difficulty in the restaurant providing the work time records but that the matter had been left in the hands of a chartered accountant.

Mr Gleeson said that all matters had been brought up to date. “The employees who were owed money have now been paid,” he confirmed.

Judge Fiona Lydon said that she needed written confirmation that all annual holidays that were taken by staff members have been paid.

She has also asked that the restaurant provide bank statements to the court confirming that every staff member involved has received what they are entitled to.

Mr Gleeson informed her that most of the staff members involved are no longer working there and it may be difficult to get bank statements for all of the eleven individuals.

He gave an undertaking to get bank statements from the existing staff members showing that they have been paid what they are owed by the restaurant.

Judge Lydon adjourned the case to the November 26 sitting of Tuam District Court to allow this documentation to be presented.

Pictured: West Wing restaurant in Tuam.