Chef claims unfair dismissal over head-butting after Christmas party

A CHEF at one of Dublin’s top hotels with an “exemplary record” was sacked after he head-butted a colleague at a work Christmas party, leaving the colleague with permanent injuries, the Employment Appeals Tribunal has heard.

Hichem Gharbi is claiming unfair dismissal from his job as chef de partie – or line cook – at the Gresham Hotel in late February 2010. Originally from Tunisia, he has been living in Ireland with his wife and three children since 1997 and had been working at the Gresham for nine years.

The tribunal heard a staff Christmas party had taken place in Roganstown Hotel and Golf Club on January 22nd, 2010. Hospitality sector workers often have such parties in January rather than in the busy Christmas period.

A former trainee manager at the hotel, Benjamin Priest, gave evidence he had been on the staff bus from Roganstown to the Gresham in the early hours of January 23rd, 2010, after the party.

“The incident started when someone started smoking at the back of the bus. The driver stopped the bus and asked [for] the smoking to stop.”

Mr Priest said another trainee manager, David Murphy, asked Mr Gharbi, who was also known as Sammy, to ensure the smoking stopped. “Sammy told him to shut the f**k up. Dave asked him calmly not to speak to him like that.”

He said Mr Gharbi then become aggressive and picked Mr Murphy up out of his seat by his shirt collar. Mr Murphy moved to push him away. Other people on the coach got involved, he said, some pulling Mr Murphy away and some Mr Gharbi. “Sammy headbutted Dave with such force that his head went back. It made a horrendous noise. Dave had blood pouring from him,” Mr Priest said.

Mr Murphy, who had to have dental surgery after the incident, sustained permanent damage to his teeth, the tribunal heard.

Mr Gharbi’s behaviour was “very out of character”, Mr Priest said. His record at the hotel had been of a loyal, hard-working employee.

Mr Gharbi was escorted from the coach and the incident was reported to the head of human resources at the Gresham, Niamh Jordan, later that day. He was suspended pending an investigation, and dismissed in February.

Paul Henry of union Siptu, acting for Mr Gharbi, argued the incident had been provoked “by Mr Murphy getting involved” and the fracas that ensued, but Mr Gharbi had not intended to assault him. There had been a “clashing of heads”.

He argued fair procedure had not been followed, as Mr Murphy had not been suspended until several days after Mr Gharbi.

Kerry Molyneaux, of the Irish Business and Employers’ Confederation (Ibec), for the Gresham, argued there had been an unprovoked attack by Mr Gharbi on a colleague. The tribunal retired to consider its decision.