Zero-star hygiene rating, unpaid wages, and debt judgments…What's going on at Bento?

Friday 22 November 2024

A popular sushi restaurant which recently received a zero-star hygiene rating has been ordered to pay nearly £30,000 to former staff for employment law breaches – while also finding itself in the Petty Debts Court over unpaid invoices, wages, and holiday pay.

A fixture of Commercial Street for more than a decade, Bento Sushi has long been among the hotspots for local sushi fans, with its iconic conveyor-belt food delivery system.

But a number of recent challenges for the restaurant have led some islanders to raise concerns on social media about its future.

This summer, Bento Sushi received a zero rating from the Eat Safe scheme.

This rating indicates that Bento's food safety and hygiene practices fail to meet the standards required under Jersey's Food Law.

The restaurant's challenges, however, have gone beyond its kitchen standards in recent months.

Pictured: The sushi restaurant received a zero-star hygiene rating after an inspection in July this year.

After appearing in Petty Debts Court on 6 November, Bento Sushi was ordered to pay £825 in unpaid invoices to a local self-storage company.

The restaurant was also required to pay £2,807 to Sebastian Surowiec for unpaid wages and holiday pay, and £3,273 to Dariusz Mrozik for unpaid wages.

Recently published judgments show that the Commercial Street eatery has also become involved in three legal disputes with former employees over the last two months.

A "fundamental breach"

Duangkamol Johnston, who worked as a kitchen porter and chef from December 2021 to June 2024, was awarded £8,528 in damages on 11 November.

The Employment Tribunal found Bento Sushi guilty of persistently late wage payments, describing it as a "fundamental breach of contract".

Pictured: Bento Sushi, which is located on the corner of Commercial Street, serves sushi and Japanese food.

WhatsApp messages presented during the case documented Mrs Johnston's repeated requests for overdue wages, which the tribunal found had caused her "severe problems" and forced her to resign.

Despite the restaurant's attempts to justify the delays by arguing the cashflow problems were caused by "the conduct of Mrs Johnston and other staff", the tribunal rejected these allegations due to a lack of evidence.

The tribunal also criticised Bento Sushi for not providing Mrs Johnston with a written employment contract, as required by law, and for presenting an unsigned draft contract to the tribunal just one day before the hearing.

"The claimant told me of the distress which the non-payment of wages had caused him"

In another case held on 31 October, Bento was ordered to pay £20,150 to Fabio José Pimenta de Castro, a former employee of five years who was also forced to resign due to unpaid wages.

During the hearing, Mr Castro provided evidence of late payments, and described the financial hardship and illness he suffered as a result.

Pictured: Bento Sushi is famed for being the only restaurant with a sushi conveyor belt in the Channel Islands.

In the judgment, Advocate Cyril Whelan wrote: "The claimant told me of the distress which the non-payment of wages had caused him; Christmas is in prospect and he is a family man with a young child.

"He has had to borrow and to break into his limited savings to meet his obligations.

"He had suffered illness as a result of the anxiety which the respondent's conduct had caused him."

Bento failed to respond to the case, and the tribunal ruled in Mr Castro's favour by default.

Not all claims against Bento Sushi have been successful, however.

On 30 October, a tribunal dismissed a case brought by Paul McCann – a former employee who claimed that he had not received wages for two weeks of work and that the company had failed to provide payslips.

However, Bento Sushi presented evidence showing the wages had been paid and the payslip issued.

Express has contacted Bento Sushi for comment but has not received a response.