Assault by Staff

N

new_user2007

Guest
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 think you're being too lenient...that's outrageous behaviour.
 
I did initially but I'm nor injured and have no real intention of going down that route. I suppose I'm just asking am due a compensation package greater than the one I am going to maybe accept?
 
new_user2007 said:
I did initially but I'm nor injured and have no real intention of going down that route.
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What did the Gardaí say/do when you reported the assault?

I can't believe that the business in question is planning to retain a staff member who perpetrated an unprovoked assault on a customer regardless of whether or not the victim was prepared to push for a sacking!
 
Did you ask for a salt with your dinner? - maybe they thought you wanted a slap-up meal.

Now that I've got that out of my system,
maybe you should consult a solicitor. I know someone that was in a similar position (assaulted by a security guard) and got compensation. It took months to get the money.

Maybe I'm too soft, but if I wasn't injured I'd just let it be. You never know the chef's personal circumstances.
 
If it was me, I would speak to a solicitor. I would not consider myself a litigious individual but if I was the victim of an unprovoked physical attack in a restaurant by a member of staff I would want to be compensated. Their attitude is a little bizarre...surely he should be sacked immediately?
 
ClubMan said:


Absolutely no excuse for assaulting somebody in my opinion and in law.
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Totally agree.

Interested to know did the OP ever get an apology directly from the chef. It would be his sincerity and remorsefulness that would determine how I would treat the issue.
 
I am wondering if you havent been so traumatised by the 'perceived and public humiliation' of such a bad experience and have trouble revisiting it in memory that you fear doing anything about it ?
The human mind can play funny tricks . One such very distant but related example is here at this link http://en.wikipedia.org/wiki/Stockholm_syndrome to which battered person syndrome is related and similar !

I will give you one very good reason why you should tell the guards and press charges. That reason is that this chef will probably do it again either professionally or in his personal life. Perhaps he has done it in the past and gotten away with it. You owe society to put what happened firmly on his record.
Hijinks and acting the fool is one thing. Nobody wants the work place to be a suffocating and dull place but actually laying your hands on anyone especially a customer to whom you are a stranger who wont know if you are joking or not ? That is complete and utter bull !
Tell the guards. If the restaurant wants to keep him on in employment thats their business. Their business will suffer because of it if they do.
 

I total agree here. I would definitely report this to the Gardai.It was unacceptable behaviour and there is no excuse for it.
 
There might be an explanation. People make mistakes. As you say yourself, "you have cut a long story short". I suppose I would like to know more about what you have left out.

This is a serious mistake, but you were not injured.

I would report it to the Gardaí for the record. But if you are not affected by the incident, don't press charges.

I just asked to see a written warning to be given to him and have the price of the shirt refunded.
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This seems to me to be an appropriate response to the matter.

Brendan
 
Brendan said:
I would report it to the Gardaí for the record. But if you are not affected by the incident, don't press charges.



This seems to me to be an appropriate response to the matter.

Brendan
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Brendan, the chef assaulted the OP for no reason...that's outrageous behaviour. A slap on the wrist is not appropriate in this case. The chef should be sacked and the business in question should offer the OP compensation.
 

Agree with Clubman - how could any business want to continue to employ a person who potentially attacks their customers - irrespective of what the 'victim' wants.

BM
 
Hi,

I did inform the gardai and they arrived straight after it happened but to be honest I do not want the chef to lose his job. They said if I want to take it further they will contact me again this week. I initially agreed because I thought the manager would not take my side regardless of any CCTV footage. As the manager now completely accepts blame, and my side of the story, so I will not press charges. I have requested to see the written warning he will receive and leave it at that. He could have personal issues etc. which made him lash out. 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.
 
Where liability is accepted for personal injury and the only thing to be agreed is the level of damages, the Personal Injuries Assessment Board will adjudicate for you.

It doesn't seem to me that you were injured in any way though?

You don't want the chef to lose his job which is admirable of you. Yet you want the diner to pay you compensation for something? Why not ask the chef for this compensation? He was at fault, not the management of the diner.

Brendan
 
The Chef may have been having a bad/stressful day and, although it doesn't excuse his behaviour, you might be best to get a personal apology from the Chef plus compensation for the shirt and maybe a free meal (for four). I would say put it behind you, people make mistakes, and these things can come around.
 
I'd look for chicken tenders and a chocolate malt as part compensation!

Seriously though, whether the chef was having a bad day or not is in no way an excuse for his behaviour. Having a bad day doesn't give people free reign to lash out at others. Why was it that the chef "attended" to the situation if he thought you were up to no good instead of the manager? To be honest, if the situation was as clear cut as explained i.e. it was totally unprovoked I would expect the chef to be fired. This kind of behaviour goes beyond verbal warning, written warning etc.
 
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