Assault by Staff

To answer:

I went in to the diner and sat down with 5 other people. I noticed the mustard was empty, got up went to another table (empty) and took that mustard. This was also empty so I went to the counter (no people sitting at it) and took a third mustard. This was full so that was ok. I can only imagine that the chef behind the hot plate thought I was collecting the mustards and going to build a sand castle with them, generally being a messer. He came over to the table, a distance of about 30 feet from his station, and agressivley grabbed all the mustards of the table, knocking one onto the floor. I said 'What the f**k are you doing' and he grabbed me and ,slap, slap ,rip! I could have retaliated but (A) I was with respectable people and (B) I would have been the one who ended up in jail for assault.
 
When you say

I can only imagine that the chef behind the hot plate thought I was collecting the mustards and going to build a sand castle with them, generally being a messer.
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had you been in this diner before? Otherwise, how would the chef have known this?
 
I find that very strange. Why on earth would anyone watching you do that jump to the conclusion that you were going to build a sandcastle with mustard jars? Is that a common thing to do? I've never heard of it or seen it.
 
new_user2007 said:
I said 'What the f**k are you doing' and he grabbed me and ,slap, slap ,rip! I could have retaliated but (A) I was with respectable people and (B) I would have been the one who ended up in jail for assault.
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Verbal abuse/assault preceding the physical assault? The plot thickens although obviously it does not excuse the actions of the chef. Just curious if there was any drink/drugs taken in case you are not recalling/recounting the details of the incident clearly? Was there no security staff on duty in this place?
 
The OPs story seems clear to me; he says
I can only imagine...
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i.e. his possible interpretation of what the staff member might have been thinking

....thought I was collecting the mustards and going to build a sand castle with them, [and/or] generally being a messer
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does that make it clearer?

What the OP didn't make clear in his first post though was that he was abusive to the staff member (doesn't excuse the physical violence however).
 
Ok, taking the OP at his word as below:

new_user2007 said:
agressivley grabbed all the mustards of the table, knocking one onto the floor. I said 'What the f**k are you doing'
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Isn't there a big difference between saying 'f**k you' and 'What the f**k are you doing' ? What the OP said does not constitute a threat of any description and appears as a reaction within normal parameters to a strange, startling or surprising behaviour. Spend any time in the city centre and any aspirations of preciously saving your ears from swear words will surely turn out to be a disappointment. Neither does it give one a licence to be agressive towards those who swear. However agressively knocking the mustard off the table sounds very dodge.

new_user2007 said:
I could have retaliated but (A) I was with respectable people and (B) I would have been the one who ended up in jail for assault.
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This sounds like the victim of the assault was fully in control and acted like a better person at the time. I'm trying to figure out why the victim should be blamed for anything
 
When I say building 'sandcastles' I mean he was assuming I was going to mess with the bottles. The CCTV footage was viewed by the Branch Manager and I was told I did nothing wrong. Obviously when it happens so quickly you question have you the facts right but the CCTV footage proves I did nothing wrong. I have never had hasssle like this before, had a few drinks on me but I was going to eat and then start drinking! No drugs taken. The 'sandcastles' bit is my only way of determining why he went off his head. If I thought I had provoked him at all I'd not even bother raising this issue. He misinterpreid something and jumped on me..........simple as.
 
There are 2 issues her IMHO:

1. The alleged assault should be brought to court to determine that it actually was as stated, where the person will be punished as appropriate.

(This will ensure that, if this person is guilty of an offence, there is less likelihood of another person (maybe a child?) getting the same treatment from them, as well as bringing them to the attnetion fo the Gardai in case of future "events" like this.)
2. The issue of compensation will arise from the result of the court case if the person is found guilty and should be pursued through the appropriate legal channels.

(This will ensure proper compensation to the person for traumatic stress, possible future physical problems, etc.)

I was assaulted many years ago and my reaction was that I wanted it forgotten about and didn't prosecute the offenders....for months I was afraid to go to certain places and felt unreasonably guilty that I had brought it on myself
 
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Is anyone blaming the 'victim' for something? I'm certainly not. If the explanation the OP put forward is a full and frank explanation then it seems to me that the chef had a very strange reaction which was inappropriate to the actions of the OP. It's that strange reaction that I am certainly probing as I'm sure other posters are.

BUT why would the chef think OP was going to build 'sandcastles'? Did the OP take all the bottles, including the ones he found empty back to his table, and if so why?
 
I presume he thought I was gathering them up to play some joke or something when in fact I was just looking for one with some contents in it. If that is not the case then I have no clue why he left his station, on CCTV, and started slapping and dragging out of me. I have already been cleared by the branch manager who was very apologetic, as she seem her staff striking a customer, so I just wanna know what can I expect in compensation. I feel as if I'm been tried for a crime I didn't commit!!!!!!!!
 
Welfarite said:
I was assaulted many years ago and my reaction was that I wanted it forgotten about and didn't prosecute the offenders....for months I was afraid to go to certain places and felt unreasonably guilty that I had brought it on myself
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Sorry to hear about that. Bullies (like this chef allegedly is) should be exposed for what they are to the full extents of the law in order to protect others and help victims whos self esteem is often damaged.
I dont believe agressive behaviour like this is a 'once off'. It's usually part of a pattern. The only thing which will break this pattern is if the chef is made to realise that his actions have consequences in the real world.
 
So to be fully frank, you had had a few drinks, you were with a few friends and you collected at least three mustard jars or pots or something from other tables and brought them back to your table where you already had one. Be honest now, what were you doing bringing back empty mustard pots to your table. I don't accept that you would bring an empty pot back for no reason.

Be that as it may if you didn't threaten the chef his attack on you was illegal and the owners of the cafe are right in that they have to accept responsibility for that action. What you are trying to find out here is what you are entitled to in the form of compensation.

Obviously you are entitled to the price of your shirt and any other out of pocket expenses. Were you injured in any way- bruised or cut? Were you frightened or shocked?
 
I was at our table, squited the mustard, nothing in it. Went to other table, got mustard, back to my table, squirted it, nothing in it. Went to third table, got mustard, quirted it, success. Mustard jar count on table = 3. Turned around and got a slap of chef. As reagards to having a few drinks, it was 3 and I was going to eat before I had more. All I wanted to know was am I being lenent on the compo front. No bruises or shock but obviously chef knows my face thus I cannot eat again in diner due to what he may do to my food. Eat in this or other of its diners once every two weeks at least.
 
Vanilla said:
Be that as it may if you didn't threaten the chef his attack on you was illegal
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Surely his attack would be illegal regardless? Even if threatened he would have no right to attack? Only self defence against an actual attack would be an excuse? I am not a lawyer but surely that common sensical approach is what the law allows for?
 
Hi

For what it's worth.... while I totally agree that what the chef did was wrong, downright bizarre even... but if it didn't leave a lasting effect on you, then I would be inclined to walk away. Do you really want the hassle of the litigation route? People can and do behave in the strangest ways and you deserve to feel agrieved by what he did, but I think I'd put it down to experience and take your business elsewhere. Hit them in the pocket, where it hurts!

S
 
I still feel there is more to this than you are saying. Were you and your friends being loud or generally messing. Or have you previous form in the diner for messing? As I said it still doesnt excuse an unprovoked attack but it might go towards explaining why the chef reacted the way he did.

To answer your question about compensation, there is no standard figure. It really depends on the individual circumstances and the individual's reaction to that. So for example if you had been very frightened or shocked you could be entitled to more than where you appear to have just brushed it off and got on with things. Or if you had a lasting or ongoing injury then of course you would be entitled to more.
 
ClubMan said:
Surely his attack would be illegal regardless? Even if threatened he would have no right to attack? Only self defence against an actual attack would be an excuse? I am not a lawyer but surely that common sensical approach is what the law allows for?
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If he felt threatened then his attack could have been self defense since making someone feel threatened can in itself constitute an assault.
 
Vanilla, you're being overly hard on the OP...he brought the mustard containers back to test them which sounds perfectly normal to me.
To get back to the point, if it were me I would speak to a solicitor.
My aim would be to have the chef sacked and to receive €5000 in compensation.
You have been the victim of an outrageous attack and I cannot believe how some people keep disputing/questioning your version of events.
I admire your self control...I would have laid the guy out.
 
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