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Hindu chef unfairly dismissed after going on prayer leave after his dad died

The chef was required to mourn for 40 days.

A DUBLIN RESTAURANT sacked a head chef after he disappeared from work for six weeks for prayer leave for his deceased father.

The Workplace Relations Commission (WRC) found that he was unfairly dismissed.

On hearing that his father was gravely ill, the chef booked flights to his home of Mauritius from 5 January last year and returning on 13 February.

The chef would not be returning to work for the six weeks for the father’s funeral in keeping with the Hindu faith requirement to mourn for 40 days.

The chef told his employers that he was delayed due to the “prayer for my father”.

However, on his return to Ireland, the chef was not allowed to return to his workplace and found that he was dismissed.

The man sued for unfair dismissal and when questioned about the cultural differences which might be important to the chef at the WRC hearing, the restaurant owner indicated that these cultures did not operate here.

WRC Adjudication Officer, Penelope McGrath said in response:

This is an unusual stance for an employer in a hopefully pluralistic society.

McGrath said that the employer “was unreasonable and heavy-handed” in the case and awarded the chef €23,500 for unfair dismissal.

The chef’s father died as he travelled home to Mauritius.

In evidence, the man’s boss told the hearing that he heard it through the grapevine that the chef had headed off to Mauritius at short notice.

The restaurant owner was adamant that the chef – who commenced working at the restaurant in September 2014 – had not flagged how long he expected to be away when he was leaving.

He gave evidence of an extremely difficult trading period without the head chef in situ.

The second chef was due to take holidays at the end of January but there seemed to be insufficient lead-in time to obtain any temporary or agency cover. The restaurant had to rely on the owner’s personal financial intervention to save the situation.

The owner stated that the head chef should have communicated with him directly regarding this extended absence but at the same time in his direct evidence he indicated that the reason that the head chef would not communicate with him is because he knew how “mad” his employer would be with him.

McGrath’s report stated that “the employer himself created the impression that he had a short fuse and liable to lash out”. She stated only one staff member at the restaurant offered the head chef any sort of genuine sympathy on the loss of his father.

McGrath said that she accepted that the chef’s disappearance for upwards of six weeks made it very difficult for the restaurant.

McGrath added that she did not find that any fault attached to the sacked chef.

She said: “He was without doubt unfairly dismissed and he must succeed under the Unfair Dismissals Legislation.”

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    Mute VoiceOfVanguard
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    Oct 14th 2014, 3:54 PM

    90,000 on the social housing waiting list, of which 50,000 non-nationals.
    That’s more than 55% of waiting list (non-nationals account for 13% of population).

    Why?

    104
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    Mute steven23
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    Oct 14th 2014, 3:56 PM

    Coz they move here for our generous Social Welfare system

    93
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    Mute johngahan
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    Oct 14th 2014, 3:58 PM

    how about what % have criminal records, what % have more than 5 kids, what % have never worked a day in their lives, what % have been nasty neighbours in their previous social housing.

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    Mute NatalieReaves
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    Oct 14th 2014, 4:30 PM

    Yes good news for non-EUers and other queue jumpers etc anxiously glued to their TV’s listening to news of the soft touch Ireland’s budget of what they can expect when they scam into Ireland. Free council house, more pay for each churn-out-child.

    47
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    Mute NatalieReaves
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    Oct 14th 2014, 4:41 PM

    IRISH QUEING FOR 7YRS LOSE OUT TO IMMIGRANTS
    From Nov 09 to March 2010, out of 19 council houses, allocated by Tralee council 11 went to immigrants. Many Irish people are on the housing waiting list, some waiting for 7yrs, and the houses are going to foreigners.
    Kerryman 14/4/10

    OVER HALF ON HOUSING LIST ARE FOREIGN
    MORE than half of the applicants for council homes in north Dublin are from abroad, new figures show.
    It is the first time that there have been more foreign than Irish people on Fingal’s social housing list.
    “For the first time, more than half those on the waiting list for social housing in Fingal County Council are non-Irish nationals. A third are from outside the EU,” Fine Gael’s Kieran Dennison said.
    http://www.herald.ie/news/over-half-on-housing-list-are-foreign-27973856.html

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    Mute Damien Moran
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    Oct 14th 2014, 6:32 PM

    Because they are the new working class.

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    Mute Paudi Onail
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    Oct 14th 2014, 11:23 PM
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    Mute Alan McLoughlin
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    Oct 14th 2014, 3:55 PM

    Great, 2.2bn to be spent on “social” housing for anti-social people…

    86
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    Mute Bob Moore
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    Oct 14th 2014, 4:07 PM

    Ah, the great Divide and Conquer debate with prejudice and disdain for the less well off. We’ve been expecting you, Come on in.

    31
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    Mute SeanieRyan
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    Oct 14th 2014, 4:10 PM

    Any couple on a combined income of less than 60k a year in Dublin city are looking at Social housing.

    Any individual on less than 50k a year is not going to afford a house out of a high social housing density area.

    The hubris of the past still lives but no one wants to face up to the numbers. Being poor is as cheap as ever but being middle class like we thought it was in the 90s and 00′s is not anymore and given the overwhelming % of people who live in households with less than 70k per annum, does the middle class exist anymore liked we imagined it.

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    Mute NatalieReaves
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    Oct 14th 2014, 4:34 PM

    tis true to an extent, over-weaning SW makes people irresponsible, have a look at the SW brats homes, places are in sh*t. Left to working class employed to clean their areas up while being abused for doing so. Some SW ok, the amount we have simply makes people spoilt and less responsible, a culture of expecting everything and for everything to be done for them.

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    Mute SeanieRyan
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    Oct 14th 2014, 4:38 PM

    My post above is very much Carrie from Sex and the City monologue. It was on in the background and I got it like 2nd hand smoke.

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    Mute Pete Foley
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    Oct 14th 2014, 4:04 PM

    More houses for local authority to have to maintain. higher Lpt for private houses

    28
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    Mute Dan public
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    Oct 14th 2014, 3:51 PM

    Sean Dunne is on the way back home

    25
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    Mute Darryl Weathers
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    Oct 14th 2014, 3:59 PM

    Can’t wait to hear what the Socialists and the Anti Austerity Alliance et al have to say about this.

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    Mute Norman Hunter
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    Oct 14th 2014, 4:01 PM

    What do you expect them to say?

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    Mute Norman Hunter
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    Oct 14th 2014, 4:01 PM

    Helping people get a home when they can’t provide one for themselves is a bad thing ?

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    Mute Darryl Weathers
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    Oct 14th 2014, 4:10 PM

    Well for one AAA are going to have to undergo a name change because austerity is now dead with this budget. My larger point is that I can’t wait for leftist groups to try and pick this budget apart they’ll find something to complain about even now their austerity boogeyman is no more.

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    Mute Norman Hunter
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    Oct 14th 2014, 4:16 PM

    Austerity is not dead, you really need to think before you type.

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    Mute Bob Moore
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    Oct 14th 2014, 4:18 PM

    YAY! Austerity is over. Let’s all party. The Good times are back., Woohoo.

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    Mute Inntalitarian
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    Oct 14th 2014, 4:21 PM

    Darryl, €5 here and 0.5% there does not even come close to starting to erase the enormous drop in income and living standards people have endured as a result of years of successive cuts.

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    Mute Bob Moore
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    Oct 14th 2014, 4:23 PM

    The pints of Irish Water and extortionate mortgages are on me.

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    Mute Darryl Weathers
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    Oct 14th 2014, 4:26 PM

    Looking at that budget and the growth forecasts austerity seems as dead as the dodo to me. This government have done a tremendous job turning it around.

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    Mute Norman Hunter
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    Oct 14th 2014, 4:33 PM

    Darryl they followed the path laid out by FF, and I’d wait for the final details before clapping them on the back.The sting is normally delivered by a junior minister when no one is listening.

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    Mute Bob Moore
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    Oct 14th 2014, 4:43 PM

    What a wonderful rose tinted world you must live in, Darryl.

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    Mute Darryl Weathers
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    Oct 14th 2014, 4:59 PM

    Bob I’m dealing with facts growth forecasts are up across the board, unemployment is down across the board, income tax returns higher than they’ve been in years, more new cars being sold year on year an finally with this budget the initial easing of austerity measures. These are facts Bob.

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    Mute Colette Kearns
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    Oct 14th 2014, 4:33 PM

    Cant help but wonder will they make a b***s of this & we will end up once again with more ghost estates.

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    Mute SeanieRyan
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    Oct 14th 2014, 4:41 PM

    We running at a shortage of about 20k houses a year, the building boom was 7 years ago. Long time with hardly any building.

    If we get up to 40k houses a year then we might be having a few too many built.

    Ghost estates are mostly gone in Leinster and Munster at this stage.

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    Mute Pam El A
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    Oct 15th 2014, 12:21 AM

    Come to Clare seanie, plenty still left here! (Not all classified as ghost but still huge under occupancy with many homeless people being shipped to Limerick for emergency accommodation)

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