Kesarajith Perera was left red faced after taking a tumble on a patch of oil at The George pub in Harrow, London, prompting his manager Hesham Badra to laugh out loud at his expense.
Mr Perera was later dismissed over an unrelated matter, prompting him to sue Stonegate Pub Company Ltd claiming racial and religious harassment and cite Mr Badra's response to his accident as evidence.
Well, of course, because he no doubt did it with our money! But once again, he met someone not prepared to be swayed:
But employment judge David Maxwell threw out his case, saying that the 'slapstick element' of someone falling over was likely to provoke laughter.
'Whilst it might be tempting to hope that one colleague would only ever react in a sympathetic way towards the misfortune of another, common experience suggests this is not always the case,' he said.
Hurrah! But what was the 'unrelated matter' that saw him canned, anyway?
In October, following failure to provide documentation for his proof of right to work in the UK, he was dismissed, prompting him to take the pub's owners to a tribunal complaining of racism.
Oh...
Mr Perera's additional complaint that he had been given the 'full time role of cleaning toilets' was also dismissed. Judge Maxwell added: 'Cleaning the toilets could scarcely be made into a full-time role.
'Mr Perera's objection was the same as before - this was an unpleasant duty he did not think he should have to carry out.'
Well, indeed! Probably objected to having to wash his hands before waiting tables as well...
Dismissing his claims of harassment, Judge Maxwell said: 'None of the treatment complained of had the proscribed purpose or effect.
'The conduct itself, objectively, came nowhere near having the proscribed effect, and his view of matters was unreasonable.'
But he did get a consolation prize!
However, the tribunal did rule in his favour regarding unlawful deductions of wages and awarded him £1,426.11.
He was also handed £908.91 for the pub's 'abysmal' paperwork after he was not provided with a written particulars of employment.
Yes, let's all go back to working in offices and paying fortunes for commuting to keep these businesses propped up, shall we?
It seems that even when you lose, you win. But perhaps not for everyone.
ReplyDeleteI suppose it's too much to expect that this chancer has been deported.
At least we know he has the money to pay for his own one way ticket.
Delete