Assault by Staff

So to be fully frank, you had had a few drinks,

I also think you're being overly hard on the OP. The OP was out with his friends. He was entitled to a few drinks. I presume the Chef was sober when he assaulted the victim.
 
Vanilla, you're being overly hard on the OP...My aim would be to have the chef sacked and to receive €5000 in compensation.

If you think I'm being hard you should see the treatment OP will get if he gets up on the stand looking for €5000 compensation.

Sorry guys but I've been taking statements from people in these and similar circumstances for a while now and I've found that there's often more to a story than first appears.

Let's be clear nobody is disputing that if the chef attacked the OP, was not provoked or threatened, then his actions were wrong.

However there's enough detail in the Ops' replies to make me doubt that he was not involved in some messing either on this or on another occasion to the chef's knowledge. Again that doesnt make the chefs' actions right, but it might explain them.
 
Never met the chef before in my life. Was not messing or drunk or loud or abusive either, CCTV proves it. Again if I was at all to blame then I'd not bother even posting.
 
If you think I'm being hard you should see the treatment OP will get if he gets up on the stand looking for €5000 compensation.

Sorry guys but I've been taking statements from people in these and similar circumstances for a while now and I've found that there's often more to a story than first appears.

Let's be clear nobody is disputing that if the chef attacked the OP, was not provoked or threatened, then his actions were wrong.

However there's enough detail in the Ops' replies to make me doubt that he was not involved in some messing either on this or on another occasion to the chef's knowledge. Again that doesnt make the chefs' actions right, but it might explain them.

I completely agree. It strikes me as unusual that this chef would attack a customer completely unprovoked. Having 3 mustard bottles on your table hardly constitutes such an offense that you should get slapped and your shirt ripped.
My initial reaction was that the OP was omitting information. Like the fact he had been in trouble there before, was drunk and disorderly, etc.
It also strikes me an unusual that the manager is willing to let the chef off with a warning. This would lead me to believe that the manager doesnt consider the chef a threat to other customers and perhaps may have been justified in the attack.

All this is just speculation and the OP may be telling the truth the whole truth and nothing but the truth ;) but the reaction of the chef was not "normal" given the circumstances quoted which is bound to give rise to some suspicion.

Also i know if i were the victim of such an attack i would be more interested in criminal prosecution than compensation.
 
Have you received any sort of explanation from the manager as to what the chef gave as his reason for attacking you? Surely someone has asked him what he thought he was doing and why. You're only able to speculate but maybe the real reason why may help you decide if you're being too lenient or not. I would assume you're entitled to at least an explanation and an apology from the chef, not just the management.
 
It strikes me as unusual that this chef would attack a customer completely unprovoked.

If it was unusual then living in a Utopia we wouldnt need the Guards, Solicitors , laws and courts etc . The sad fact is unprovoked assaults are too common.
Of course anythings possible but what could the victim possibly have done to get the blame for being assaulted ?
 
Of course anythings possible but what could the victim possibly have done to get the blame for being assaulted ?

That's what we are trying to find out.

Thrifty1 made a good point. If the chef is a lunatic who made an unprovoked assault would his boss have left him off with a warning? Well, maybe the boss and the chef are both lunatics.

BTW remember our justice system is based on 'innocent until proven guilty' and 'better 10 guilty go free than 1 innocent...' etc. So in a criminal trial a case has to be made against the chef before he could be found guilty.
 
I have no interest in criminal proceeedings. If i wanted to make him pay I'd do it my own way, without sounding like a 'hardman'. Once I was told I was in the right I was happy. I do not want him to personally apologise or any explanation as to why. Theses things happen every day somewhere I'm sure. I am going to accept damages to my shirt only and wanted to know do people view this as sufficent. That was the reason for my initial posting of this sceanrio.
 
If it was unusual then living in a Utopia we wouldnt need the Guards, Solicitors , laws and courts etc . The sad fact is unprovoked assaults are too common.
Of course anythings possible but what could the victim possibly have done to get the blame for being assaulted ?

Thats true but these are usually on the street and involve drink or drugs, its very rare you hear of a chef in his place of employment carrying out his work attacking a customer unprovoked.
Im not saying its beyond the realms of possibility but its "unusual" and IMO deserving of further investigation.
 
My thought is, as I've stated, he thought I was going to start acting the b****ks as he seen me 'collecting' mustard jars and decided to put a stop to it. He came over, forcefully grabbed all jars, knocking one of them onto the floor. I said 'what the f**k do you think your doing' as I had no sense I was doing anything wrong and then he lashed out. I have talked to all other people there, including my fiance, and everyone said I did feck all wrong and they are as shocked as me as to the chef's actions.
 
Thats true but these are usually on the street and involve drink or drugs, its very rare you hear of a chef in his place of employment carrying out his work attacking a customer unprovoked.

In late night diners like this the staff are used to a steady stream of drunks especially at 3 am and for them its nothing unusual or provocative.
As I wrote earlier: I presume the Chef was sober and fully knew what he was doing when he assaulted the victim. If anything had happened on a previous night to provoke the chef this only means what the chef did was premeditated over a much longer period than the 5 minutes necessary to fetch 3 mustard bottles.
 
If you think I'm being hard you should see the treatment OP will get if he gets up on the stand looking for €5000 compensation.

Sorry guys but I've been taking statements from people in these and similar circumstances for a while now and I've found that there's often more to a story than first appears.

Let's be clear nobody is disputing that if the chef attacked the OP, was not provoked or threatened, then his actions were wrong.

However there's enough detail in the Ops' replies to make me doubt that he was not involved in some messing either on this or on another occasion to the chef's knowledge. Again that doesnt make the chefs' actions right, but it might explain them.

Vanilla, the OP's explanation seems perfectly satisfactory to me. He didn't do anything wrong and was physically assaulted and humiliated by a chef in a fast food diner. There are witnesses and there is CCTV footage of the incident. Do you honestly believe the victim would not be awarded compensation in this case? Obviously they would based on what we have heard. I agree there may be more to it but on the basis of what the OP has said it's clear cut.
 
Thi happened at 11:30pm and we were all not sober but certainly not drunk and disorderly.
 
In late night diners like this the staff are used to a steady stream of drunks especially at 3 am and for them its nothing unusual or provocative.
As I wrote earlier: I presume the Chef was sober and fully knew what he was doing when he assaulted the victim. If anything had happened on a previous night to provoke the chef this only means what the chef did was premeditated over a much longer period than the 5 minutes necessary to fetch 3 mustard bottles.

I actually cant figure out if you are arguing for or against my point. The OP said he only had 3 drinks and was intending on going back out drinking, implying it was early enough in the night - not 3am.
Are you saying the chef should be used to dealing with drunks and shouldnt get provoked?

Posts crossed.
 
I feel if you were to go down the line of compensation in civil proceedings where a criminal offence took place - and no criminal proceedings were instigated - they would take a dim view of it ie you would not be compensated as much as if criminal proceedings took place and he was convicted.
I'd look for a voucher for the said place. Also the fact that you now feel you can not eat in this branch is going to have an effect on you.Leaves you with less choice in life if even a little.
One other thing to take into consideration - if this chef can do this unprovoked in his work place what is he likely to do if under the influence of drink/drugs in the social world. We all know what is happening in these situations and how we here several times a week about fatal stabbings/assaults. I personally know that if I knew this guy assaulted someone badly/fatally in the future I would be sorry I didn't prosecute him. I seem to always think worse case scenario. Sorry.
 
Have to agree with KalEl. Is it really up to the people on this board to question the OP's version of events? Could it not be that the chef was upset for whatever reason and flipped. Thats not the Op's fault. It was an outrageous assault whatever happened and there can be no situation that condones this kind of behaviour. They could have been asked to leave the premises if they werent welcome.
 
Thanks all. I'll get the money for my shirt and see if they offer anything else. If not so be it. I have not heard from the Gardi and if I do not before I accept money for the shirt I'll just leave it be.
 
Have to agree with KalEl. Is it really up to the people on this board to question the OP's version of events?

Yes it is! The OP asked for peoples' opinions and they're not or shouldn't be giving them without knowing the full story. As we all know, there's 2 sides to every story.... anyway, the OP said in a previous post he was happy with their offer to pay for the shirt so...??

S
 
I know a chef who is violent. He beats up his wife all the time. Back in Korea (he's Korean) he was in a "triad" type of gang.

His wife has never pressed charges against him as she is terrified.

Who knows, this chef could be of his ilk.

I would make sure the Gardai have a full record of everything. People who lash out at strangers are often violent at home.
 
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