Hobart. A chef was dismissed after allegedly aggressively yelling, swearing and slamming pots in a restaurant kitchen, posing a safety risk. His unfair dismissal claim was rejected.
Where: Hobart
Case name: Cauê Telles v Tavern South Pty Ltd Trading as T42 Hobart [2025] FWC 2245
Date of decision: 5 August 2025
Link to full case: Click here to view decision
Who: Cauê Telles, Sous Chef at a waterfront restaurant
What: Dismissed after an aggressive incident in the kitchen involving yelling, swearing, and unsafe behaviour
Outcome: FWC found the conduct was serious misconduct. Application for unfair dismissal was dismissed.
Legal Principle/s:
• There was a valid reason for dismissal. The chef’s behaviour posed a serious safety risk to staff.
• Despite procedural flaws, the gravity of the misconduct outweighed any unfairness.
• Lack of insight or remorse by the employee supported the employer’s decision.
Commentary:
This case shows that even if an employer mishandles the process, serious misconduct can still justify dismissal if the conduct threatens safety and the worker shows no remorse.
Leave a Reply