A pizza restaurant has brought a High Court challenge over being refused a work permit for a chef because he would be working in a fast-food outlet where “precooked or quickly prepared food such as burgers, chips or pizzas is served, whether dine, take at the counter to go, or drive through”.
KPR Pizza Ltd, trading as Apache Pizza, Ralph’s Square, Main Street, Leixlip, Co Kildare, says the Minister for Enterprise, Trade and Employment was wrong to refuse the permit because the person they were to employ was a “Chef de Partie”.
The main function of this type of chef is the preparation and creation of pizza from fresh ingredients and that the food will not be precooked or quickly prepared, KPR says. Employment regulations exclude permits for workers in fast food outlets.
KPR says that its prospective employee, an Indian national with more than two years experience as a Chef de Partie in India, does not come under that category.
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It says the regulations state that a Chef de Partie, with a minimum of two years experience, is one of five chef positions stated in the regulations allowing permits to be granted.
KPR says the minister erred in law and fact when he found that a permit would not be granted for the position on offer.
On Monday, Ms Justice Mary Rose Gearty granted lawyers for KPR permission to bring proceedings against the minister challenging the decision.
The application was made with only the KPR side represented. It returns to court in January.
KPR says the minister, in his initial decision to refuse the permit, did not mention fast food outlet. After KPR sought a review of the decision, it was then that fast food outlet was mentioned as being one of the categories in the regulations which make a person ineligible for a permit.
KPR says the minister misconnected or misapplied the meaning of the “fast food outlet” under the relevant law.
It also says the minister acted in breach of fair procedures in failing to afford KPR an opportunity to address or respond to the review decision.
It says the prospective employee is entitled to valid and sufficient reasons for any refusal. KPR points out it has on previous occasions employed other people with that specific category of work permit.
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