Compensation for Unfair Dismissal Chef

By Alan Lodge

- Last updated on GMT

Related tags: Full-time

A chef in Burnley has won an unfair dismissal case affter he was sacked following a disagreement with restaurant owner as tribunal rules restaurant did not follow correct proceedure.

A CHEF has won an unfair dismissal case after he was sacked from a Burnley restaurant following a falling-out with the owner.

Vicente Talamentes quit Carlo`s Restaurant and Pizzeria, in Albert Road, Colne, after a bust-up with boss Carlo Lionti last May.

According to Burnley newspaper The Citizen, an industrial tribunal in Manchester heard that Mr Talamentes, 56, who now works at the Wellsprings Spanish and Mexican restaurant, in nearby Sabden, was suffering from stress at the time, and was later diagnosed with depression.

He didn`t turn up for work on two successive nights and told his boss, via a third party, that he wanted to have a meeting to discuss issues regarding his working environment.

Management at Carlo`s decided his absence aamounted to a resignation and terminated his employment - a decision they said had been taken following legal advice.

But a three-strong tribunal panel decided he had been unfairly dismissed, as the restaurant had failed to follow statutory procedures relating to his sacking.

The tribunal heard that Mr Talamentes, from the North Valley area of Colne, who initally produced a sick note for back problems, linked to arthritis, was later diagnosed with depression.

Last August he got the post at the Wellsprings, working part-time.

Andrew Hill, representing Carlo`s, said Mr Talamentes had contributed to a breakdown in communication with his clients.

It was accepted there was no direct conversations between Mr Lionti and the chef after his departure, he told the tribunal. Mr Hill said Mr Talamentes could, if he had wished, have taken full-time employment to minimise his losses since he was told to leave Carlo`s.

But Mr Talamentes, who was represented at the hearing by his partner Julie Birtwell, said he had been advised by his GP, community mental health worker, and the Job Centre, to return to work at his own pace.

The tribunal chairman ruled that Mr Talamentes was entitled to £7,207 in compensation, a basic award of £1,210 for lost earnings, and £620 for loss of future earnings.

Mr Talamentes told the tribunal that he was hopeful of securing a full-time position at the Wellsprings later in the year.

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