No conviction after staff fled ethnic restaurant when inspector came to check work permits

An Asian cuisine restaurant has been spared a criminal conviction and a fine after members of its staff fled when an inspector arrived to check work permits.

Al Hamza Food Ltd, trading as Bar BQ Tonight on Lower Clanbrassil Street, pleaded guilty in June at Dublin District Court to breaching the Employment Permits Act and Organisation of Working Time Act. The case was finalised today.

Workplace Relations Commission (WRC) inspector Mary Harte had told Judge Anthony Halpin she visited the restaurant on November 8 last to check work permits. She was told the owner was not present but called him on the phone stating her intention to interview staff.

A number of employees left on her arrival before she had an opportunity to talk to them, she said.

The inspector returned in January in a joint operation involving the WRC, officers from the Garda National Immigration Bureau and revenue inspectors.

Two Afghan workers in the restaurant did not have employment permits and relevant documents could not be provided, the court heard.

She agreed with defence solicitor Peter Connolly that the restaurant had no prior convictions.

He said the prosecution has helped the restaurant company regularise its position. It has nine workers and two of them were Irish, and the owner viewed the case quite seriously, he said.

Pleading for leniency, the solicitor said there will be no contravention in future.

He said the owner regretted the offences. Pleading for leniency, he said a recorded conviction for could cause difficulties for a restaurant specialising in ethnic food.

Judge Halpin had noted the guilty plea and genuine remorse expressed. He accepted the specialist nature of this type of cooking but added that workers without permits were vulnerable.

The inspectors ensured compliance with employment legislation and that staff get paid and breaks, he had said.

He ruled that he would spare the restaurant a recorded conviction if it donated €500 to the Little Flower Penny Dinners charity which helps underprivileged people in Dublin city centre’s Liberties area.

He applied the Probation Act today after noting the restaurant had complied with his order.

Otherwise it would have been fined €1,500 and left with a record for the offence.