Dino park chef denied compensation after ditching job

Wednesday 06 March 2019

A local dinosaur themepark chef, who walked out of the restaurant in which he was working during a busy shift, taking his kitchen knives with him, has been denied compensation for his 'sacking'.

The Employment and Discrimination Tribunal heard that Helder Nascimento, who was making a claim against his employer for unfair and wrongful dismissal, walked out of Tamba on 2 February last year.

He later claimed that he had informed his employers that he was feeling unwell and was going to visit his doctor.

However, the Employment Tribunal found a conflict in the statements of the claimant and his employer, who maintained that at no time had they been told about Mr Nascimento’s illness. As far as they were concerned, he simply left without notice, effectively walking out on his job. 

Pictured: Mr Nascimento reportedly took his knives with him when he left.

Tamba’s general manager gave evidence that Mr Nascimento told him that he had had enough and was leaving. He took his personal possessions - including his kitchen knives - with him, and refused to speak to another member of staff except to confirm that he was leaving. 

Subsequently, Mr Nascimento took Tamba to the Employment Tribunal, claiming that they had been wrong to dismiss him. But the tribunal found that Mr Nascimento had effectively resigned from his post and could not, therefore, have been unfairly or wrongfully dismissed.

Tribunal Deputy Chairman, Advocate Ian Jones, said that he was not convinced by the claimant’s evidence that he had advised his employer that he was feeling unwell.

Pictured: Advocate Ian Jones, the Tribunal's Deputy Chairman.

“Having heard from [Tamba's general manager] on this point I found it highly unlikely that the general manager would take no action in relation to an employee stating that he was unwell, particularly where that employee performed an essential function in a kitchen, and at the point the Claimant said that he spoke to [his manager], something could have been done to arrange to cover the Claimant’s shift and allow the Claimant to go home,” Advocate Jones said.

In the circumstances of an employee effectively resigning his post by walking out in this way, it was perfectly reasonable for the employer to accept that resignation, Advocate Jones found, dismissing the claims against Tamba.