Former Avoca chef claims unfair dismissal

AN UNFAIR dismissal case taken by a former Avoca chef who was fired over claims of racist and homophobic behaviour towards co-workers concluded yesterday.

Polish chef de partie Ewa Leks of Bow Lane West in Kilmainham, Dublin, was dismissed from Avoca Handweavers on Suffolk Street in Dublin in April this year. Ms Leks was pregnant when she was let go.

John Dunne, head chef at the Suffolk Street branch, explained to the Employment Appeals Tribunal that he dismissed Ms Leks 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.

The second incident related to Ms Leks being "abusive" towards a gay waiter. Assistant chef Tracey Dunne said she 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" and did not deny or explain mimicking a gorilla.

Yesterday, Ms Leks 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 this first written warning.

Mr Dunne said he issued a second written warning because of her behaviour towards staff and he had a "duty of care to all employees". Mariba Damela, assistant manager at Avoca, said she found Ms Leks unco-operative and disrespectful to colleagues, sometimes refusing to make special orders for customers. She also said she heard Ms Leks use foul language towards a waitress who got an order wrong.

Ms Leks yesterday denied being abusive to other staff and denied not accepting instruction.

Ms Leks was dismissed following an incident in April when Mr Dunne was off work. Mr Dunne said she had called him and shouted on the phone because sous chef Ian Connolly told her to work upstairs but she thought she was rostered to work downstairs at a different time. Mr Dunne told her the sous chef was in charge.

When dismissed Ms Leks told him: "You can't sack me, I am pregnant." He said he explained the reasons for dismissal, but Ms Leks could not recall this.

Yesterday counsel for Ms Leks, Blazej Nowak, said the waiter in question had left before warnings to her were issued and said the company did not carry out proper investigations. Mark Connaughton SC, counsel for Avoca, said Ms Leks's conduct was unacceptable.

The tribunal will issue its decision over the next few weeks.