A commis chef who sustained a back injury while preparing a spaghetti marinara sauce in a cramped alcove beside a restaurant kitchen has been awarded €74,000 by the High Court, reports Breaking News.
Niall Govers, aged 40, of Nicholaus Court, Dundalk, Co Louth, brought a claim against Canurie Ltd, trading as McGeough’s bar and restaurant in Dundalk, over an incident that occurred on 7 November 2020, reports Breaking News.
He alleged that having been directed out of the busy kitchen by another employee using forceful language, he and a kitchen porter were left to blend the sauce in a narrow alcove in the hallway, where he was forced to work in a crouched position for approximately 15 minutes.
When he stood up at the end of the task, he turned to place the blender on top of a freezer and felt and heard his back give way, causing immediate and severe pain, reports Breaking News.
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He claimed the restaurant had failed in its obligations by not providing manual handling training, not assessing the risks associated with the blending task, and not ensuring a safe working environment.
The defendant denied the claims, reports Breaking News.
Justice Conleth Bradley awarded €74,052 in total, comprising loss of earnings of €41,815 and general damages of €45,000.
However, the general damages were reduced by 35% due to contributory negligence — the judge finding that Govers had already hurt his back lifting weights at the gym the day before the incident and had nonetheless continued working without disclosing this, reports Breaking News.
The judge also noted he had previously been shown a safer method of preparing the sauce by another employee and had not followed it.
Following the incident, Govers went home with great difficulty, a walk that normally takes five to six minutes taking nearly half an hour, reports Breaking News.
He was hospitalised for three days, used crutches and wore a back brace for around two years, and remains unable to work due to ongoing pain and significantly reduced mobility.
Justice Bradley classified the injury as falling within the moderately severe soft tissue back injury category, reports Breaking News.
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