Man sacked after 'building model dinosaur at work'

line upr
The Line Up Café in St Ouen's Bay

A FOOD kiosk worker has been awarded £3,000 after he was unfairly sacked for a series of alleged issues – including building a model dinosaur at work.

Ashley Johnson was dismissed from his job at the Line Up Café in St Ouen’s Bay by the then owner Nigel Oxenden-Wray on 7 August last year.

The Jersey Employment and Discrimination Tribunal heard that in the months leading up to the sacking, Mr Wray had become concerned about his staff member’s work.

He claimed Mr Johnson failed to clean the kitchen properly, put in orders for the food stock at the last minute, failed to draw-up staff rotas in a timely fashion and ignored advice on portion sizes.

Mr Wray also told the tribunal that Mr Johnson had been playing games during working hours.

On the day of the sacking Mr Wray went into a ‘complete rage’ and was ‘screaming and shouting’ at Mr Johnson after arriving at work to find the windbreaks had not been erected and the tables were ‘in the wrong position for the wind’, according to a judgment issued by the tribunal.

He then found the model dinosaur and had ‘heated words’ with the staff member before Mr Johnson left work.

Mr Wray intended to sack Mr Johnson the following day after taking advice from the Jersey Advisory Conciliation Service but the tribunal concluded that ‘any employee caught up in his rage would have concluded that his contract of employment was at an end’.

The tribunal concluded that although Mr Wray genuinely believed that Mr Johnson was guilty of various acts of misconduct ‘there was no disciplinary process followed’.

It said that a disciplinary hearing would have allowed both parties to put forward their point of view and Mr Wray could have then made a ‘fully informed’ decision regarding the severity of his staff member’s conduct.

Commenting on the final day of Mr Johnson’s employment, the panel said: ‘Unfortunately, Mr Wray’s temper got the better of him and his actions meant that the applicant was entitled to consider himself dismissed on the morning of 7 August, before Mr Wray took advice [from JACS].

The panel continued: ‘The tribunal is of the opinion that there are elements of the applicant’s conduct as described in this case that contributed directly to his dismissal and if a fair disciplinary process had been applied in this case might have been found to be misconduct entitling the respondent to dismiss him.

‘Tribunal cannot ignore the established facts that the applicant admitted that he had not followed Mr Wray’s exact instructions regarding the hygiene standards in the kitchen, he had not promptly changed the position of the windbreaks and he had made the model dinosaur during his working day.

‘The tribunal have treated the model making as also indicative that the applicant did not use his spare time at work to clear up the kitchen as instructed by Mr Wray and that he lied by omission to the owner of the business by failing to admit that the model was his until Mr Wray asked for the third time.’

However, the panel found in favour of Mr Johnson and awarded him £2,658 for unfair dismissal and £364 in notice pay.

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Comments for: "Man sacked after 'building model dinosaur at work'"

OneRuleForOneAnotherForAllOthers

That will teach the owner to respect his staff and not treat or speak to them like they are di rt, as many business owners do and think they have the right to. I hope far more cases are brought to light like this one as business owners who act this way should be named and shamed, and no one has the right to treat or talk to their staff like they are below them, and sadly, far too many do. As we saw of the fee l uniqu e article yesterday which was another case of treating the staff, the people who made your business, like tr ash, with not one ounce of appreciation whatsoever.

Shadow

Excuse me. Building a Plasticine dinosaur while at work, why don't you try that in your job while your boss/firm is paying your wages!!! When I first read the article headline I thought he'd employed a 5 year old. I understand that bosses shouldn't shout etc...but in this case I think he had every bloody right to be angry/annoyed, when you pay someone to work, pay their wages and social security....you have every right to expect them to do a good job, not play around thinking they are part of Tamba park, while working at a food outlet. Ask Mr Rankin how he would react if one of his pastry chef's made a dinosaur at work instead of cooking what's on the menu. Who the hell makes dinosaur's at work!!!! beggars belief, then go off crying because he was shouted at. I think the employee probably had mental age of a primary school pupil.

Timbo Slice

Well said Shadow.

Although the Tribunal's role is to protect an employee from an abusive employer, this is classic play of the system by someone who clearly deserved the sack. A lazy, unmotivated ignorant slob has now reaped the rewards of the easiest 3 grand possible, and when he's spent his "winnings" he'll probably go job hunting (accompanied by prehistoric toys) for his next victim, I mean employer.

DiggerBarns

Hasn't Nasty Nick of Reform Jersey not taken this up yet???

DiggerBarns

Hasn't Nasty Nick of Reform Jersey not taken this up yet???

Mr B

OMG what a horrible sounding boss wont be getting my custom there any more

1 to 1

Please note the line up is now under new managment to be honest i agree with the owner i dinned there a few times i think he took the p*** but wrong way to go about it Mr angry

Shadow

would you like some tomato sauce with your dinosaur baguette? or you a brown sauce lover.

Shadow

sorry that was for Mr B. I agree with you, I frequented the premises a lot last summer, iphones where more important than the customers'!!!!

.

If he is an 'old school employer' then maybe he became apoplectic because he regarded the plasticine miniature as a sort of effigy.

Fred

What sort of a message does it send out when an employer is penalised for nothing more than expecting a day's work for a day's pay? To follow procedure is no more than letting the guy skive for a while longer.

Tim South

This is a busy small business and if Mr Johnson was using thirty percent of his employment time, not doing his work but doing his " own thing " then of course his boss would get upset, is he not paid to look after the public ?

There again maybe he is following the example of Jerseys' hospital consultants and they never appear in front of a tribunal but service their private patients in work time. Nobody bothers to check, as divulged by the last health minister Anne Pryke to the states assembly.

Sotte Voce

The path lab's at it as well.