Gastronomy Overtime Dispute: Employee Records Upheld Against Employer's Late Counter-Evidence

The court addressed a dispute over compensation for overtime hours claimed by an employee in the gastronomy sector, where the employer challenged the overtime calculation based on the employee's submitted time records, arguing against being denied the opportunity to present counter-evidence. The court reasoned that under the applicable collective agreement, the employee's time records serve as admissible evidence when the employer fails to keep proper work-time documentation, and since the employee regularly submitted these monthly records, the employer was deemed to have knowledge of and implicitly accept them by not objecting. Consequently, the employer's subsequent attempt to disprove the recorded hours via witness testimony was deemed irrelevant because the employer had effectively acknowledged the records' accuracy by failing to raise timely objections, as a pattern of accepting the regular submissions implies acceptance of their correctness.