Chef 'headbutted' colleague

A chef in one of Dublin’s best known hotels, who had had an “exemplary record", was sacked after he head-butted a colleague at a work Christmas party leaving him 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 worked at the Gresham for nine years.

The tribunal heard a staff Christmas party had taken place in Roganstown Hotel and Golf Club on 22nd January, 2010.

It is customary for workers in the hospitality sector to have their Christmas parties in January rather than December which is their busiest month of the year.

A former trainee manager at the hotel, Benjamin Priest, gave evidence that he had been on the staff bus, from Roganstown to the Gresham Hotel, 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 the smoking to stop."

Mr Priest said another trainee manager, David Murphy, asked Mr Gharbi 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. A number of 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," said Mr Priest.

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

Mr Gharbi's behaviour was "very out of character", he 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 HR at the Gresham, Niamh Jordan, later that day. He was suspended pending an investigation and dismissed in February.

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

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

Mr Gharbi offered as part of his defence that he had consumed a lot of alcohol before the incident.

Kerry Molyneaux, of IBEC, for the Gresham, argued there had been an unprovoked attack by Mr Gharbi on a colleague, at an event organised by the hotel. Mr Gharbi's consumption of alcohol had been "entirely of his own volition" and it was not an adequate excuse for the incident.

She said the only "reasonable" course of action for his employer was to dismiss the complainant.

The Tribunal retired to consider its decision.