Head Chef Unfairly Dismissed
An employment tribunal has found that the former head chef of the Melbourne Ardenlea Hotel
on the Isle of Wight was unfairly dismissed.
Sergey Kulikovsky worked as a head chef for the hotel's restaurant and commenced employment in 2005. He received good references and states that the hotel received good reviews
, partly because of his hard work.
However, Mr Kulikovsky states that in December 2012 the hotel suddenly told him, "there is no job and no money" and they could no longer pay him
. In response, Mr Kulikovsky said, "this was a terrible time as my wife was pregnant and I didn’t know how we were going to survive
. It was also just before Christmas."
He then went to his union, the GMB, who gave him advice and supported him in bringing employment tribunal proceedings
. "I didn’t want to take the case to an employment tribunal, but I believe that I had been treated unfairly
", states Mr Kulikovsky.
The Hotel sought to argue that Mr Kulikovsky had resigned. The Southampton employment tribunal went on to reject this
, finding that Mr Kulikovsky had indeed been dismissed unfairly.
Charles Harrity, Senior Organiser of the GMB said,
"The GMB trade union welcomes this decision in favour of Mr Kulikovsky. Despite having documented evidence of his ability and dedication to his job
over a number of years, his employer seemed to think that they could act with no regard to employment legislation
and ignore the employment rights that protected Mr Kukikovsky."
"What this decision shows is that the GMB trade union will act to protect the rights of members
when faced with uncaring and unreasonable employers."
In response to this successful case, a Solicitor of Simpson Millar LLP, who acted on behalf of Mr Kulikovsky commented, "sometimes employers get it completely wrong and they are either not willing to accept that they are at fault or are badly advised
. In such cases there is no option but to take them to court."
Mr Kulikovsky, who was awarded almost £14k in compensation
, is now working again as a chef in a pub on the Isle of Wight. He feels some bosses don't want to respect the law or contracts. He feels happy to be part of the GMB
and would like to encourage others who work hard to join a trade union
, as he believes he couldn't have done any of this without their help and support.