Chef sacked by Carlo’s wins case

8:35pm Sunday 24th February 2008

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A CHEF has won an unfair dismissal case after he was sacked from a popular restaur-ant following a falling-out with the owner.

Spanish-born Vicente Talamentes quit Carlo's Restaurant and Pizzeria, in Albert Road, Colne, after a bust-up with boss Carlo Lionti last May.

An industrial tribunal in Manchester heard that Mr Talamentes, 56, who now works at the Wellsprings Spanish and Mexican restaurant, in Sabden, was suffering from stress at the time, and was later diagnosed with depression.

He failed to turn up for work on two successive nights and informed Mr Lionti, via a third party, that he wished to have a meeting over his working environment.

Management at Carlo's decided his absence amounted to a resignation and terminated his employment - a decision they said had been taken following legal advice'.

But a three-strong trib-unal panel, chaired by Christopher Chapman, decided he had been unfairly dismissed, as the restaurant had failed to follow statutory procedures relating to his sacking.

The tribunal heard that Mr Talamentes, from the North Valley area of Colne, who initally produced a sick note for back problems, linked to arthritis, was later diagnosed with depression.

Last August he got the post at the Wellsprings, working part-time.

Andrew Hill, repres-enting Carlo's, said Mr Talamentes had cont-ributed to a breakdown in communication with his clients It was accepted there was no direct conversations between Mr Lionti and the chef after his departure, he told the tribunal. Mr Hill said Mr Talamentes could, if he had wished, have taken full-time employ-ment to minimise his losses since his dismissal by Carlo's.

But Mr Talamentes, who was represented at the hearing by his partner Julie Birtwell, said he had been advised by his GP, community mental health worker, and the Job Centre, to return to work at his own pace.

Tribunal chairman Mr Chapman said Mr Talamentes was entitled to £7,207 in compensation, a basic award of £1,210 for lost earnings, and £620 for loss of future earnings.

Mr Talamentes told the tribunal that he was hopeful of securing a full-time position at the Wellsprings later in the year.