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Sheraton Ordered To Pay $37,670 As Compensation For Chef

Sheraton Fiji Resort has been ordered by the Fiji Employ­ment Tribunal to pay a Mexi­can chef $37,670 in compensation. The decision comes in light of a grievance by former Flying
24 Jan 2019 11:00
Sheraton Ordered To Pay $37,670 As Compensation For Chef

Sheraton Fiji Resort has been ordered by the Fiji Employ­ment Tribunal to pay a Mexi­can chef $37,670 in compensation.

The decision comes in light of a grievance by former Flying Fish restaurant chef, Daniel Sanchez, who claimed the resort unfairly terminated his three-year contract on September 3, 2014.

In his dismissal letter dated Au­gust 15, 2014, Mr Sanchez was ter­minated because of unsatisfactory performance during his probation period.

While giving his decision Magis­trate Andrew See said Mr Sanchez’s termination was premature and not justified.

“There was no evidence of the jus­tification of the decision provided by way of reasons in the dismissal decision and no direct evidence given from those who supposedly made such performance assess­ments,” Magistrate See said.

“The grievor (Mr Sanchez) should have been ‘warned’ or informed of the fact that his employment would be subject to a probationary period, prior to having been provided with the formal offer of employment.

“Secondly, if the benchmark for client satisfaction is to be realis­tically set at ‘99 per cent happy guests’ then the Respondent (Shera­ton) would be well advised to also make that clear in any of its con­tractual documentation.”

The resort’s sole witness who is their head of industrial relations, Vishnu Deo, stated in his affidavit that there were two separate allega­tions of food poisoning at the res­taurant on July 28 to 29, 2014, dur­ing Mr Sanchez’ tenure and there were other issues that had cropped up before his termination.

Mr Sanchez gave oral testimony from Mexico by way of Skype vid­eo conference and said he was not aware of a probation period and did not undergo any monthly perfor­mance review as part of the proba­tion policy.

He added that he was not aware of any allegations about food poison­ing.

Mr Sanchez further testified that on September 3, he returned to work for approximately one hour and was confronted by the resort manager, the director for food and beverage and security officers who asked him to leave in front of the kitchen staff members.

Edited by Percy Kean

Feedback: fonua.talei@fijisun.com.fj



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