The State's largest indigenous fast-food chain, Supermacs, was fined €4,400 at Galway District Court yesterday for breaches of employment legislation, including a failure to keep appropriate records and allowing young persons to work after hours.
The Co Galway-based company, which employs 600 people in over 40 outlets, was also ordered to pay €500 in witness expenses following the breaches, which were detected by staff from the Department of Enterprise, Trade and Employment in September and October, 2001.
The company's financial controller, Mr John Mellotte, said he had provided the Department with workers' finishing and starting times since his appointment in November 2000.
He said that outlets tended to close at different times, depending on how busy they were, and the Headford Road branch was undergoing changes to its "clocking-in" system, to coincide with the euro changeover, when it was inspected in September 2001.
"I am telling you that we are paying the statutory requirements which people are entitled to," he said.
"We were changing over from a clocking-in system to a cash-register system when that inspection occurred. It was a Friday night. We were busy and we put our hands up."
The State solicitor, Mr William Kennedy, put it to him that he could not provide any explanation as to why young people were being employed until 4.30 a.m., nor could the company produce records to indicate exact starting and finishing times.
Mr Mellotte said that it was a "difficult time" in the catering business and the difficulties relating to the young employees had been compounded because Supermacs had experienced difficulties in securing work permits for staff from outside the State at that time.
Judge John Garavan said: "This company has been the recipient of inspections in the past, when they were given a chance and they did not take it. As a result of the vigilance of Department of Enterprise, Trade and Employment inspectors, substantial arrears were paid to the staff to the tune of €80,000."
The judge said he had no doubt that the two Loughrea teenagers were very pleased to have employment at a time when they did not have to get up for school in the mornings. "However, they have to be protected from their employers and, occasionally, from themselves," he added.
An inspector, Ms Mary Quigley, told the court that two named youths aged under 18 were found working at the company's Loughrea outlet until 4.30 a.m. on October 6th, 2001.
This was despite legislation under the Protection of Young Persons (Employment) Act 1996, which stipulated that it was an offence to employ a young person aged 16 to 18 years after 10 p.m.
Mr William Kennedy, State solicitor, said that employers were obliged to keep records for three years, which included hours of work, rates of pay and holiday entitlements. None of these were evident at the premises on the Headford Road when it was inspected on September 10th, 2001.
The court heard that Supermacs had paid €80,000 in arrears to staff since October 2001.