Chef v Restaurant [2026]
Decision Number: IR - SC – 00005236 Legal Body: Workplace Relations Commission
Published on: 03/11/2026
Article Authors The main content of this article was provided by the following authors.
Patrick Barrett BL Barrister-at-Law
Patrick Barrett BL Barrister-at-Law
Patrick barrett case reviews

The Bar of Ireland

Orchard Way, Killarney V93Y9W9.
DX: 51010 Killarney 
Tel: (087) 4361270

Patrick's legal education is robust, beginning with a BCL Law Degree from University College Cork (2012-2016), followed by an LL.M in Business Law from the same institution (2016-2017), and culminating in a Barrister-at-Law Degree from The Honorable Society of King’s Inns in Dublin (2019-2021). He has extensive experience on the South-West Circuit, handling Civil, Family, and Criminal Law cases, as well as advising the Citizen Advice Service.  He has worked as an employment consultant, dealing with workplace investigations and bankruptcy procedures.

Complainant:
Chef 
Respondent:
Restaurant
Summary

Probationary dismissal deemed unfair despite genuine concerns.

Background

The Complainant submitted that she had been unfairly dismissed following approximately two months of employment with the Respondent restaurant. She commenced employment in July 2025 as a Chef de Partie and understood that arrangements had been made to transfer and renew her employment permission. She maintained that the Respondent had assured her that her immigration documentation would be regularised. However, she alleged that the employer delayed the process until her existing permission expired, leaving her without employment or valid immigration permission. In September 2025, she was informed that her employment had ended, purportedly by reason of redundancy. She contended that she had received neither adequate notice nor a satisfactory explanation for

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 03/11/2026
Mock WRC Adjudication Hearing
In Person
WRC Practice & Procedures
Popular
Events
Discover the smarter way to deliver staff training (without the stress)! Streamline your company-wide training, enhance your staff's skills, and in increase productivity with our learning management system, AppLI LMS