Kebab shop worker unfairly dismissed after fight

A Galway kebab shop worker, who was attacked by a colleague because he swore about his wife, was deemed to have been unfairly dismissed.

The incident between the man, a general operative at Capital Kebab House on Eglinton in the city, and his colleague, occurred on January 16, 2015, and was captured on CCTV.

Footage, which was played at an Employment Appeals Tribunal, showed that the man was attacked by a co-worker.

The then co-owner of the business, who is no longer involved, was seen restraining the other employee and pulling him away from the man, who claimed to be unfairly dismissed as a result of the incident – and he had a letter signed by the remaining co-owner to that effect.

However, the co-owner claimed that at the Tribunal hearing that the letter was only given to the claimant to facilitate him claiming Job Seekers Benefit and that in fact the claimant had resigned of his own volition.

The owner said he had spoken to the other employee involved in the incident and asked him why he had attacked the claimant. He said that the claimant “swore about his wife”. The owner told the employee that he was right, and he did not dismiss him for attacking his colleague.

In its determination, the Tribunal said it was satisfied the claimant was unfairly dismissed.

“Although the owner who did give evidence alleged that he was told by his former business partner that he claimant was not dismissed it is difficult for the Tribunal to reconcile this with the fact that he then gave a letter to the claimant stating that he had been dismissed.

“The CCTV footage shown to the Tribunal clearly shows the claimant being attacked by his colleague and in all the circumstances the Tribunal must find that the claimant was unfairly dismissed,” it ruled.

It decided the appropriate redress is compensation for loss, and awarded the claimant €2,320.