THE HEAD chef at a Dublin city-centre restaurant has failed to get a High Court injunction preventing his employers from dismissing him pending the outcome of a full legal action.
Tom Doyle (28), head chef at the ely hq restaurant located at Hanover Quay in Dublin’s Docklands, had sought the injunction against Asilo Commercial Ltd, Wentworth, Eblana Villas, Dublin 2.
He claims he was unfairly dismissed after refusing to waive any rights in relation to recipes of his included in a cookbook produced by his employers.
Refusing the injunction yesterday, Mr Justice Brian McGovern ruled Mr Doyle had failed to make out a fair issue to be tried in relation to his claim he was entitled to copyright of the recipe material in the book.
As well as an injunction preventing his dismissal, Mr Doyle had sought other orders, to apply pending the full legal action, compelling his employers to pay his salary, stopping them from filling the position he held and from announcing or communicating he has been terminated from his position.
Asilo had denied any wrongdoing and claimed Mr Doyle was dismissed due to insubordination for failing to carry out an order. This amounted to “gross misconduct”, Asilo had argued in the High Court.
The company also said it had concerns in relation to the times Mr Doyle worked at the restaurant and his attitude to menu changes the owners wanted to implement.
In his ruling, Mr Justice McGovern said that while his decision was not a final determination of the matter, he would refuse the injunctions sought.
Mr Doyle had not satisfied him he had a legal right to recipes produced by him in the cookbook, the judge said.
Mr Justice McGovern also ruled damages would be an adequate remedy if Mr Doyle succeeded in his action.
The balance of convenience was also against granting the orders sought as the relationship between Mr Doyle and Asilo had irretrievably broken down and it would be unfair on Asilo to reinstate Mr Doyle until the matter is fully heard, Mr Justice McGovern said in his decision.
Mr Doyle (28), Rathfarnam, Dublin claimed he was dismissed due to his refusal to sign a release form waiving any copyright over recipes included in the cookbook produced by his employers.
He claimed a number of recipes in the book, entitled The wine and food of ely through the seasons, launched on November 20th, were his creations.