THE OWNERS of Dublin city centre restaurant Ely HQ have told the High Court its head chef was dismissed for "gross misconduct" and have denied he was dismissed solely for refusing to waive his rights over recipes included in a recently published cookbook compiled by his employers.
In an affidavit, Eric Robson, one of the owners of Ely HQ, Hanover Quay in Dublin's docklands, said head chef Tom Doyle was dismissed not just for his refusal to sign the waiver. The company had concerns relating to the times Mr Doyle worked at the restaurant and about his reaction to changes to menus the owners wanted to implement, he said.
The affidavit was read yesterday at the opening of an application by Mr Doyle for an injunction restraining Asilo Commercial Ltd, Wentworth, Eblana Villas, Dublin, from purportedly dismissing him as head chef of Ely HQ. Mr Doyle (28), with an address at Rathfarnham, Dublin, wants the order pending the outcome of a full hearing of his legal action. He is also seeking injunctions compelling his employers to pay his salary and restraining them appointing another person as head chef.
Mr Doyle claims he was dismissed due to his refusal to sign a release form waiving any copyright over a number of recipes included in a cookbook put together by his employers.
He claims a number of recipes included in the book are his creations. Asilo is opposing Mr Doyle's application and has denied any wrongdoing. Marcus Dowling, for Asilo, said Mr Doyle was dismissed due to "gross misconduct". Asilo was also prepared to pay Mr Doyle his full notice, counsel added.
Opening the application, Oisín Quinn SC, for Mr Doyle, said that to characterise his client's refusal to sign the waiver as gross misconduct was "almost grotesque". Mr Doyle was approached to sign the release forms in relation to the book in the run-up to and on the day of the book launch, counsel said. The case continues today.