Assault by Staff

even a poxy voucher for €50 would have been a jesture but they thought I was easy to fob off as I was polite and professional about it all
 
You're entitled to your opinion..."kicking" is a euphemism for beating up though. Had it happened to me I would have beaten up the chef and I'd freely admit that.
There is no issue regarding context...the OP didn't attack the chef because he realised he'd most likely end up in trouble. Admirable restraint and fair play to him.

There issue of context if you part quote like that. tbh I don't see the difference between beating up and giving someone a kicking. You only have to look at the media to see where an unlucky blow, or a weak heart, or someone grabbing a knife leads once you go beyond self defence. No good being right if you're no longer around.
 
even a poxy voucher for €50 would have been a jesture but they thought I was easy to fob off as I was polite and professional about it all
But you originally said...
I was told I could get him fired but I just asked to see a written warning to be given to him and have the price of the shirt refunded.
... and now you seem to be changing your tune and looking for more?
 
even a poxy voucher for €50 would have been a jesture but they thought I was easy to fob off as I was polite and professional about it all

They are hoping you'll go away. leave the chef to attack someone else when he has another misunderstanding. I can't understand why you wouldn't pursue it legally considering their attitude.
 
since, and after talking to various people whom are professionals, I was told I was being too lenent and should ask for at least standard comp.
 
It is strange that the restaurant is happy to continue employing this man after he has attacked on of their customers. You probably have no way of knowing but is he an employee or owner/part owner? Asking you to sign a disclaimer shows that they are worried. Regardless of whether you wanted it or not they should have sacked him, I wonder what someone would have to do to get sacked from there? Probably dipping into the till is a sackable offense but assaulting a customer, no problem, sure they can brush that off.
 
It is strange that the restaurant is happy to continue employing this man after he has attacked on of their customers. You probably have no way of knowing but is he an employee or owner/part owner? Asking you to sign a disclaimer shows that they are worried. Regardless of whether you wanted it or not they should have sacked him, I wonder what someone would have to do to get sacked from there? Probably dipping into the till is a sackable offense but assaulting a customer, no problem, sure they can brush that off.

or relative...
 
When I talked again to Head Office they said there was an ongoing investigation in gross misconduct. I said, and still stand by, I do not want him to lose his job. However, if he is found guilty he'll probably get the sack anyway.
 
I cant understand why the OP thinks it no effort to go down the civil (compensation) route but thinks its too much trouble to issue criminal proceedings.

If this chef is such a threat to society should we not be encouraging the OP to issue criminal proceeding and seek the punishment he deserves. A compensation payout will not affect the chef, the diner may be held vicariously liable and they will therefore have to pay. How is that punishment for the chef, at a minimum he would be sacked, but i doubt a job like that is hard to come by and no doubt the OP will cross paths with him again in another late night diner.
The OP in my opinion has no right to be so affronted when it is obvious he is ony after a payout from the diner and is not interested in a proper punishment for the chef.
 
New user, can i ask why you are so adamant that you dont want him to lose his job.
You feel this chef is unpredictable and violent, why would you wish for him to continue dealing with the public?
 
I suppose I don't want him sacked because he may have a family, maybe from abroad, completely reliant on him and his income. He lashed out, any of us could do the same if we had a hard day etc.

As for looking for compensation and not wanting legal proceedings that is correct. Does that make me a bad person? The diner is creaming off the celtic tiger with the prices they charge, as is everywhere, so its not gonna hit their pockets. If the situation was reversed I'm sure the person 'offended' would be looking for the shirt off my back.


Can't post replies to this section!
As for compo I don't really know whats acceptable. I asked to be treated the same as any other customer in this situation so I suppose they would generally offer €500-1000 but thats only a guess!

LOOK HERE!
 
It is not up to the OP whether or not criminal proceedings are brought. If an offence has been committed he can make a statement to the gardai and they and the DPP will make the decision to pursue the matter or not.

The OP is, I believe, seeking advice on how much compensation to seek in monetary terms. Some posters have advised €5000- I don't believe that you would be awarded this kind of figure even if you went to the trouble and time of pursuing a civil claim against the diner.

How much does the OP feel he should get? What would the OP be satisfied with?
 
I just want to know whether I am letting the diner off lightly by simply accepting the price of my ripped shirt or is there a standard compenation that they will give, and I'm entitled to, to avoid leagal proceedings.
I got as far as this post which is the second time the OP has mentioned the old COMPO word. Im not going to read any further.

Its quite clear to me what the OP is up to here
 
I got as far as this post which is the second time the OP has mentioned the old COMPO word. Im not going to read any further.

Its quite clear to me what the OP is up to here

If the story is as explained then I dont have a problem with the OP receiving compensation. He was assaulted and the diner (for not sacking the guy immediately) and chef (for being a vicious bully) should be taught a lesson and shown some consequences. Why should anyone begrudge compensation being given ? :confused:
 
If the story is as explained then I dont have a problem with the OP receiving compensation. He was assaulted and the diner (for not sacking the guy immediately) and chef (for being a vicious bully) should be taught a lesson and shown some consequences. Why should anyone begrudge compensation being given ? :confused:
First of all the OP (and a new user to boot) starts a thread here with the proverbial "long story short". We didnt get the long bit.

If its as short and clearcut as he says then I dont see the need for this thread at all and if that was the case then of course he is entitled to be compensated.

If it all happened like he said in his "short" version of events then all he has to do is get a solicitor and he's on the pig's back - no pun intended here. But in my opinion he is merely looking for advice and ideas to back up a compo case that is not as clear cut as he is saying.

To dispel any notion of alternative motives here perhaps the OP could PM one of the mods with all the details including names and let the mod check out the story. I would be more than happy to apologise for doubting the intentions if the OP was indeed correct in all of this.
 
Hi,

I was in a diner last Saturday night and to keep a long story short was attacked by the chef. He slapped me across the face and ripped my shirt for no reason that I knew of at the time. It was a misunderstanding on his behalf as he thought I was up to no good. I have since talked to the manager, viewed the CCTV and they are admitting that the chef was completely in the wrong. I was told I could get him fired but I just asked to see a written warning to be given to him and have the price of the shirt refunded.

Am I being too lenient and should I persue further as they are a very, very well known establishment and have admitted that the chef should never have left his station and attacked me? The CCTV shows him approaching me and lashing out without any instigation.............

I agree with Nutty...the short version just doesn't add up. There was a reason for him slapping you...you're just not telling us what that was.

If you're not injured and the chef is sorry why on earth would you want to take this further? Life is full of ups and downs. I'm sure the chef has already been roasted by his employer (no pun intended).
Accept his apology...if at all possible receive it in person from the chef. Then move on...and get a life...stop looking for compo just because other people told you to.
 
...
To dispel any notion of alternative motives here perhaps the OP could PM one of the mods with all the details including names and let the mod check out the story. I would be more than happy to apologise for doubting the intentions if the OP was indeed correct in all of this.

Theres the real world and then theres the internet. Just accept the story as is.
 
To dispel any notion of alternative motives here perhaps the OP could PM one of the mods with all the details including names and let the mod check out the story. I would be more than happy to apologise for doubting the intentions if the OP was indeed correct in all of this.
Nobody on AAM should have to vouch for their posts in this way using the moderators as some sort of notary service. Obviously some people will post porkies and spoof stories. If this is one then so be it. On the other hand it might be fairer to err on the side of treating posts as genuine and in good faith other than when this is obviously not the case. Since the thread has been moved to LOS (by another moderator - not me as it happens) the original poster will not be able to respond until they attain Frequent Poster status.
 
I find the replies in this thread perplexing. Even if the OP was up to something - perhaps he genuinely was building himself a little sandcastle with the mustard bottles for the amusement of his friends, so what? - it would be seen on the CCTV footage and the diner wouldn't be so worried as to want the OP to sign a waiver and they wouldn't have admitted full culpability.

My advice to the OP is to listen to KalEl. Also send the diner a registered letter outlining your version of what happened and a summary of their response to you. This way if it goes to court the diner will find it difficult to change their story without explaining why they didn't disagree with the statement in your letter. Explain that you consider their response so far to be wholly unsatisfactory and that you are considering taking legal advice on how best to proceed including the possibility of criminal proceedings against the chef.

Send the letter to the head office of the diner and as high up the food chain as possible. This is really a matter that warrants the attention of the managing director not a branch manager.
 
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