This claim came before the Tribunal by way of an employee (the appellant) appealing against a Rights Commissioner’s Determination.

The appellant in this case worked as a chef for the respondent company since July 2008. Up until November 2012 the employment appeared to have been uneventful. On 14th of November 2012 a manager raised a health and safety concern regarding the temperature of chicken being served and on that same day one of the hotel owners had complained about the quality of a sandwich produced by the appellant.

Following the issues the manager instructed the Head Chef to summarily dismiss the appellant when he was next due to work which was Saturday, 17th November 2012. This instruction was carried