AN UNFAIR dismissals claim by a former Avoca chef has been rejected by the Employment Appeals Tribunal. She was fired over claims of racist and homophobic behaviour towards co-workers.
Polish chef de partie Ewa Leks, of North Brunswick Street, Dublin, was dismissed from Avoca Handweavers on Suffolk Street in Dublin in April last year.
During the appeal, head chef John Dunne had explained that she was let go following verbal and written warnings.
The reasons given for her dismissal were unacceptable behaviour towards co-workers, refusal to obey instructions and acting in an unprofessional manner.
Mr Dunne said he issued the first written warning in January following incidents of unacceptable behaviour he was told about. In one incident, sous chef Ian Connolly said Ms Leks had mimicked a gorilla when referring to a Nigerian member of staff. Another incident related to Ms Leks being “abusive” towards a gay waiter.
Assistant chef Tracey Dunne said Ms Leks would call the waiter “gay” if he did something wrong. He said when he explained to Ms Leks that such behaviour was unacceptable, she said “I hate gays”.
Giving evidence, Ms Leks had said she had not mimicked a gorilla and she was not racist. While Ms Leks admitted saying she did not like gays, she denied being rude to the waiter because he was gay.
Ms Leks also said she did not receive the first written warning. Ms Leks also denied being abusive to other staff and denied not accepting instruction.
The tribunal accepted the evidence given by the Avoca witnesses.
Her dismissal was not unfair because it resulted “wholly or mainly” from her conduct, the tribunal ruled.
