A cafe business was charged €3,200 for unfair dismissal of a waiter who ate a croissant whilst at work. The Workplace Relations Commission (WRC) deemed the manner of the dismissal to be contrary to the principle of fairness.
The waiter in question stated that he needed to eat something before he took medication, and proceeded to do so in view of customers in the dining area. At which point the manager allegedly told him, “You know what, you are finished, you can just go home.”
Moments before this, the Claimant said the manager had told him: “What the f**k are you doing behind the counter?” and then swore at him to get into the back room out of view.
The waiter had been with the cafe for two years, and claimed he was embarrassed by how he was spoken to by the management and promptly dismissed in front of other colleagues and people eating in the cafe.
It transpired that the investigation into the case by the managing staff entirely omitted the waiter’s side of the story, which is completely against the principle of fairness and natural justice. It was also in breach of the company’s own disciplinary procedure.
A WRC adjudication officer, James Kelly, stated “In the circumstances, I find that the complainant was unfairly dismissed.”
The cafe claimed it had prior issues with the staff member leading up to his dismissal in January 2019, which had culminated in the events of that day. The employers also claimed that no bad language was used in front of other customers or staff, and that prior support and training had been given to allow the employee to properly undertake the role.
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Article by Stuart Jones
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