Chef Awarded €32,550 After Unfair Dismissal Over Food Handling Allegations
A Thai restaurant has been ordered to pay substantial compensation of €32,550, equivalent to approximately £28,429, to a chef who was dismissed following allegations of serving food that had fallen on the floor. The Workplace Relations Commission in Dublin ruled that the dismissal of chef Tommy Chee King Eng by Ecoco Asian Kitchen was unjust and procedurally flawed.
Long-Serving Chef Faces Dismissal After New Management Takes Over
Mr Eng had been employed by the company for more than a decade before his dismissal on 25 June 2025. The termination came shortly after new management assumed control of the restaurant, with allegations centering on food safety and hygiene violations. Specifically, the chef was accused of picking up food from the floor, cooking it, and serving it to a customer, as well as using an incorrect technique when preparing roast duck.
During the disciplinary process, fresh allegations emerged based on CCTV footage, including claims that Mr Eng was touching his head while cooking, failing to wear appropriate headwear, and using a mobile phone during food preparation. The chef contended that he felt unfairly singled out, noting that other staff members had engaged in similar behaviours without facing disciplinary action.
Procedural Failings and Lack of Fair Process Highlighted
WRC adjudication officer Breiffni O'Neill strongly criticised the company's handling of the case. He described the employer's approach as "reactive and backward-looking," failing to align with reasonable expectations for a new owner inheriting a long-serving employee. "A reasonable employer would have clearly communicated any revised standards, issued updated hygiene protocols, and offered refresher training with a reasonable period for adjustment," Mr O'Neill stated.
The procedural shortcomings were numerous. Disciplinary meetings were conducted in a customer seating area and a cramped storeroom, lacking privacy and falling considerably short of statutory fair procedure standards. Mr O'Neill noted the "frankly bizarre" contradiction where the chef was told he could bring a colleague to the hearing but was simultaneously instructed not to discuss the matter with colleagues without written authorisation.
Furthermore, the company declined to adjust work rosters to allow a colleague who had offered to accompany Mr Eng to attend the meeting. The introduction of fresh allegations throughout the process without proper examination, and the failure to provide written communication of revised expectations, were also cited as significant failings.
Compensation Awarded for Unfair Dismissal and Notice Period Failure
Mr O'Neill emphasised that the allegations, "at their height," did not constitute the serious and deliberate misconduct required to justify dismissal, particularly summary dismissal. He pointed out that the matters involved isolated lapses in food handling that resulted in no customer complaints, harm, or regulatory concerns.
"Any reasonable employer would have considered proportionate corrective steps rather than proceeding directly to termination," he asserted. The adjudication officer also highlighted the absence of a functioning appeal process as a significant procedural failing, especially given that the chef's daughter had to lodge an appeal on his behalf due to language barriers.
The WRC ordered Ecoco Asian Kitchen to pay €30,150 in compensation for unfair dismissal, with an additional €2,400 for failing to provide the minimum statutory notice period. This ruling underscores the importance of fair procedures and reasonable employer responses in disciplinary matters, particularly when dealing with long-serving employees.
